CONSTITUTIONAL VALIDITY OF 103rd AMENDMENT, 2019 by Rishabh Singh at LexCliq

 

We must begin by acknowledging the fact that there is  a complete absence of two things in Indian society. One of these is equality. On the social plane, we have in India a society based on the principle of graded inequality which means elevation for some and degradation for others. On the economic plane, we have a society in which there are some who have immense wealth as against many who live in abject poverty”.

The concept of ‘Reservation’ is contemplated or beholden in our constitution from a very long time. “The topic of reservation is a very tricky topic in India. It’s a quite overwhelming topic which create havoc in the judiciary as well as in the legislature. “This concept was introduced for the vulnerable sections or downgrade sections of the society which were being abuse by the people who belong to the upper caste, to bring them to the mainstream of nations life. From ancient time, the caste system has kept away lower caste like SC’s, ST’s or other lower caste people to use their rights or always kept them away from the social life. As a result  of which they were denied education, access to hospitals, temples and other places which fulfil the basic necessities of our life.”

That’s why government of India brought the word ‘Equality’ in our constitution in order to ensure safety to their rights and “prohibits discrimination on the grounds of race, religion, caste, sex or place of birth under Art 15″ and also prohibits discrimination in employment in government officials if any lower caste people  are working in any government office. These two articles form the very bedrock of  the Reservation in the matter of education and government jobs respectively. “They create many controversies from the moment constitution came into force and this time again these two articles made a controversy when  the 103rd amendment , 2019 was brought into the parliament by the political leaders.  The amendment provides for the advancement of the economically weaker sections of the society. It also makes a note of the Article 46, which asks the government to promote the educational and economic interests of the weaker sections of the society.” The problem with this amendment is of 50% maximum limit of reservation as it may in turn violate the basic structure doctrine.

HISTORICAL BACKGROUND OF RESERVATION IN INDIA

Reservation was “introduced some time before Independence for in backward classes in zones including Presidency areas and Princely states. After the Constitution of India came into power in 1950, the Centre similarly as the States completed appointments for SC and ST while a couple of States executed booking for in switch classes. The huge changes were made after Independence in position structure when Mandal Commission came into picture and it assessed the socially educationally in turn around classes of inhabitants.”

Mandal Commission was set up in administration of B.P. Mandal in 1979. This commission have made recognizable proof of ‘socially and instructively in reverse classes of residents’. He made assurance on the bases of components like societal position, monetary thought and instructive criteria. The Mandal Commission recognized around 3,743 networks (counting both Hindu and non-Hindu) as “Other Backward Classes” which comprises about 52 percent of the number of inhabitants in India. Be that as it may, in yielding to the decisions of the Supreme Court constraining the absolute reservation to 50 percent, the Commission prescribed just 27 percent reservation in employments in Central Government for OBC notwithstanding the 22.50 percent reservation previously existing for SC and ST. This took the general standard to 49.5%. This was quickly tested under the steady gaze of the Supreme Court

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