Reservation In India: A Critical Analysis Of EWS Reservation With Reference To India, USA And South Africa
- IJLLR Journal
- Sep 29
- 1 min read
Mohit Baranwal, NMIMS School of Law, Bengaluru
ABSTRACT
The laws for affirmative action and reservation play an essential role in eliminating past injustices while building a foundation for social justice throughout India. These policies that support SCs STs, and OBCs in Indian society derive from Articles 15(4), 16(4), and 46 of the Constitution. EWS quota implemented through the 103rd Constitutional Amendment has introduced economic considerations as a new primary focus in Indian reservation policies during recent years. This paper will critically analyse the constitutional and judicial aspects of affirmative action in India through the lens of EWS reservations under the 103rd Constitutional Amendment. It evaluates how the policy influences socio-economically disadvantaged groups and questions whether such policy fits into intelligible differentia or the basic structure of the Constitution. Such research will be adding a new dimension to the general topic of justice and equity. It also will go Further, to find out how cultural differences affect affirmative action policies and whether similar approaches could work in India, a comparative analysis of the affirmative action laws in the USA and South Africa will be undertaken.
Keywords: Reservation, EWS, Constitution, Affirmative Action, Social justice.
