Critical Appraisal Of Reservations For Economically Weaker Sections In Light Of Landmark Judgments

Critical Appraisal Of Reservations For Economically Weaker Sections In The Light Of Landmark Judgments

Sai Navya Kurra, B.A.L.L.B (Hons) School of Law, Mahindra University, Hyderabad

ABSTRACT

This paper critically examines the reservations for ‘economically weaker sections’ in the context of some landmark judgments (like Indra Sawhney v. Union of India1) and the recent case of Janhit Abhiyan v. Union of India that upheld the validity of 103rd constitutional amendment. In the recently released judgment, the court held that reservations on the basis of economic grounds were not violative of the basic structure doctrine of the Indian Constitution. The 103rd Amendment of the Indian constitution which inserts article 15(6) and 16(6) to the Indian constitution introduced 10% reservation for the Economically backward sections of the society and excluded those belonging to Scheduled Castes, Scheduled Tribes and Other Backward Classes from the purview of the reservations provided for “Economically Weaker Sections”.