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

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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