The 103rd Constitutional Amendment Act, 2019 has introduced a new dimension to the principle of affirmative action in India. Critically examine its implications for the broader goal of social justice.

delegation of OBCs and SCs

• Economically weaker section representation: 10%
  • educational institutions: Article 15(6)
  • government jobs: Article 16(6)

Implications for social justice:

Positive

1. Broad based definition of affirmative action and those deprived.

2. Effectuation of 'economic justice' (Preamble)

3. "Without economic democracy, political equality is chimerical" - S. Radhakrishnan

4. True multidimensional understanding of depravity requires economic dimension.

5. Effecting pro-poor policies to create true 'republic' of people.

6. Representation in public office aids social mobility.

7. Capability approach secularised access to education

   • Amartya Sen's capability approach, crucial in the face of rising inequality (Oxfam).

Negative

1. Violation of 50% rule (Indra Sawhney)
2. Lacks data-based determination of economic weakness threshold at ₹8 lakh (SC)
3. Constitutional provision only for 'social' historic disadvantage (Article 350)

Goal realisation

1. SC approval of EWS reservation given
2. Socio-economic conjunction of justice.
3. Aids opportunity seeking for all sections.