Gist of Editorials: It’s About Social Justice, not Welfare | GS – II


Relevance :  GS Paper  II


Theme of the Article

Reservation must be based on a rigorous identification of economic backwardness.

Why has this issue cropped up?

124th constitutional amendment provides quotas for EWS.

Basic Structure Issue

  • Parliament’s power to amend the Constitution is limited by the basic structure doctrine.
  • EWS reservations must satisfy the principle of equality and social justice that are basic features of the Constitution.

IndraSawhney case

  • In the IndraSawhney case, the Court held that reservations for historically deprivedpeople.
  • The Court’s observation was that reservations are not poverty alleviation programmes.

Aim of Reservations

Reservations are ineffective for distributing economic benefits but more meaningful in distributing opportunities.

Problem with EWS Reservation

  • It violates equality and social justice standards.
  • The government has not constituted any commission to determine EWS reservation criteria.
  • They also run into practical and conceptual problems such as regarding income criteria.

Way Forward

  • Defining EWS properly is needed.
  • A commission is required to evolve appropriate criteria and methodologies.

Conclusion

The EWS reservations must be implemented with the fundamental constitutional precepts.


 

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