"Constitutional Validity of The Constitutional (103Rd Amendment ) Act, 2019 ” : A Critical Study.

Abstract

The Constitution ( 103rd Amendment ) Act , 2019 is a amendment, which directs the state to provide them 10% reservation in educational institutions and public employment sector in state and center and who will be known as “ the economic weaker section (EWS) ”.This reservation is specially provided to people who do not belong to the previous reservation criteria i.e. the scheduled castes and scheduled tribes and non- creamy layer of the other backward classes. Hence it resulted to 59.9% and exceeds the cap limit of 50%.. The history proves that the reservation has always been in question since the year 1951. It has continuously been challenged in the courts of law in India. The policy should be draft keeping in mind the previous scenario in India and complying it with the current situation i.e. 69 years after commencing of the constitution is very different. The reservation according to Dr. B. R. Ambedkar in constituent assembly was made for only 10 years from the commencing of the constitution in order to bring the un-equals in the equal position with others. Balancing the formal and substantive equality is the objective of the Article 14 of our constitution, but today the scene is totally different disturbing the idea of providing the reservation in India, it has become moreover a political step. The current Amendment, overcome the previous case where the question was totally settled. It deviated from two aspects of the landmark Mandal Commission Judgment i.e. 1) exceeded the cap- limit of 50% provided by the Supreme Court as a upper limit. Beyondwhich the reservation wont be provided. 2) The Amendment provided the economic criteria as the sole basis of giving reservation to a certain class, which was earlier rejected by the court of law. Declaring specifically that economic basis cannot be judged as the sole parameter for a complex matter like reservation. It was very clearly explained in the previous landmark cases related to the reservation that any factor like caste, education or economic cannot be the reason of backwardness, because it will violate the article 15(1) of the Indian Constitution. It is also important to secure the equality within the citizens. The previous reservation has been provided after various test and classification mentioned earlier. The constant challenge on reservation gave the authenticity in setting up the limit. Because the doctrine of basic structure comprise of the right to equality, which is very important to be secured with additional policies whatever is added should not violate the basic structure doctrine