DMPQ- Art 15(6) and art 16(6) introduced recently in Indian Constitution aimed for positive discrimination. Critically analyse.

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Above articles were added by the 103rd constitutional amendment act. The aim of the amendment is to provide reservation upto 10% to economic weaker section. It is above the existing quota of reservation.

Art 15(6) –  Provided for the reservation in education Institute.

Art 16(6)- Provided for reservation in employment to government jobs.

They are certainly a part of positive discrimination :

  • Inability of Economic weaker classes to compete with financial well off.
  • The amendment is in line with article 46 of the constitution.
  • The act will try to bridge the rural-urban divide. As accessibility to quality education is higher in urban areas.

Concerns with EWS reservation:

  • Criteria for identification of weaker section is challenging task.
  • Chances of reservation benefits being cornered off by the well to do section among the reserved class. As it can be seen in SC and ST reservation.
  • Against the merit system and the 50% celing limit propounded in Indira sahney case.

 

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