EWS reservation with special reference to medical admissions in India
An analysis
Keywords:
reservation, economically weaker sections (EWS), education, employment, medical admissionsAbstract
Constitution need to be changed according to the growing demands of the society. The partly rigid and partly flexible Amendment procedure adopted in India enabled it to stand the test of time making it a living document. After seventy-three years of independence, The Constitution (103rd Amendment) Act,2019 introduced the concept of reservation on economic grounds which was debated since the making of the constitution. Initially, the reservation was provided only in public employment and representation in legislatures for persons belonging to SCs,STs and SEBCs. Though initiated with a pious objective of ensuring equal protection for all, this policy had also resulted in many agitations and even violence in many parts of the country. Articles 15(6) and 16(6) were added to provide ten percent reservation for economically weaker sections in the general category. This article analyses the amendment in the light of constituent assembly debates and dialectics in the judicial verdicts. The article also highlights the recent challenges faced during its implementation in Medical admissions and the expert committee appointment to revisit the income criteria.
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References
A Tryst with destiny, Inaugural address to the constituent assembly available at https://www.files.ethz.ch/isn/125396/1154_trystnehru.pdf accessed on 01/03/2022
R.K.Gupta, "Indian Constitution: Review of Reservation Policy with special reference to SC and ST", Indian Constitution: A Review, Centre for Research in Rural and Industrial Development, Chandigarh,2002 p.187
Article 16(4-B) of The Constitution of India
Article 16(4-A)
Article 15(5)
Constituent Assembly Debates(hereafter referred to as CAD), Vol.XI,pp979-980
Id p.199
Ibid Vol.V.p.21
Ibid p.202
CAD,11 October 1949
Ibid p.361
Inserted Article 15(4), First Constitutional Amendment,1951 Available at https://legislative.gov.in/constitution-first-amendment-act-1951 accessed on 12/3/2022
Hereinafter referred the 103rd Amendment
Available at https://www.newindianexpress.com/states/tamil-nadu/2019/jan/12/when-mgr-came-up-with-ews-quota-1924056.html accessed on 16/03/2022
Databook for DCH 28 October 2011 (niti.gov.in)
CAD, Vol.IX, P.676
Available at 3228GI.p65 (egazette.nic.in) accessed on 02/03/2022
Promotion of educational and economic interests of scheduled castes, scheduled tribes, and other weaker sections
Available at considering income-based reservations in India: Thomas Piketty | Business News, The Indian Express accessed on 04/03/2022
Varma, Gyan (8 January 2019). "Quota bill passed in Lok Sabha with near unanimous vote"
Available at https://www.news18.com/news/politics/centres-10-quota-for-poor-from-economically-weak-general-category-passes-rajya-sabha-test-1997345.html accessed on 19/05/2022
Press Information Bureau,Government of India,available at https://pib.gov.in/newsite/PrintRelease.aspx?relid=187454
Hereinafter referred EWS
AIR 1980 SC1789
Jagat Narain, “Judicial Law Making and the Place of Directive Principles in Indian Constitution”,27 JILI(1985)198
Shudanshu Roy, Dr.B.R.Ambedkar and Making of Indian Constitution, ABD Publishers,New Delhi (2019)p.7
O.Chinnappa Reddy, The Court and the Constitution of India, summits, and shallows, Oxford University Press,2010 edition,p.75
Granville Austin, The Indian Constitution: Cornerstone of a Nation, New Delhi: Oxford Univerity Press,1966
Infra n.30 p.257
AIR 1963 SC 649
Kumari K.S.Jayasree V.State of Kerala(1976)3 SCC 730
AIR 1976 SC 490
AIR 1985 SC 1495
AIR 1993 SC 477
Ram Singh V.Union of India (2015)4 SCC 697
(2019)10 SCC 27
Sajjan Singh V.State of Rajasthan AIR 1965 SC 845
Keshavananda Bharathi v. the State of Kerala (1973)4 SCC 225
(2006)8 SCC 212
Shreya Mishra and Vipin Sharma, “Reservation to the economically backward class: Indian Constitutional perspective",2019 SCC Online Blog OpEd 12
Chandra Bhavan v.State of Mysore AIR 1970 SC 2042
Infra n.37
1992 Supp (3) SCC 217, 735
2019 SCC Online Bom 12059
1984 AIR 1420
Saurabh Chaudri V.Union of India (2003)11 SCC 146
Dinesh Kumar V.Motilal Nehru Medical College (1985) 3 SCC 22
Available at https://main.sci.gov.in/jonew/bosir/orderpdfold/377558.pdf (Accessed on 15/06/2022)
2022 SCC Online SC 75
Ibid 47
Available at https://timesofindia.indiatimes.com/home/education/news/neet-pg-admissions-sc-to-pronounce-verdict-today-on-validity-of-ews-quota/articleshow/88747764.cms (accessed on 14/06/2022)
Ibid 50
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