With n number of ideas surrounding around us on the new verdict of Hon’ble Supreme Court of India by a majority of 3:2 by a five judges Constitutional bench, there is a lager issue along with Constitutionality which we should also consider and this will go further on both the technicalities of Constitution and that very issue too.
The Constitution (One Hundred and Third Amendment) Act of 2019 added Articles 15(6) and 16(6) to the document. This permits the State to grant the Economically Weaker Sections (EWSs) the benefits of reservation on a preferential basis in civil jobs and services in the Government of India as well as admission to educational institutions.
The way introduced in Parliament is not a fair way, for any law there must be a public opinion(like Uttarakhand Government in case of Uniform Civil Code) or a data which is to be presented in Parliament to support that there is a need for such kind of legislation.(something like the voluminous report of Mandal Commission for OBC reservation)
With this both the question arises, is there a need for such legislation without any supporting documents? If yes then how has the government decided to let it fix at 10% not at any other random proportion?
As far as understanding of reservation is concerned it should consider all political, social and normative factors. In a broader sense it can be said that reservation is a kind of historical compensation to those who have been suppressed , to promote inclusivity diversity and a fair representation of all those who are suppressed in history, overall to give them a level playing field.
With these factors essential for reserving any community it is clear that it's not any poverty alleviation programme with which government is ensuring that all those unreserved who has been reserved by this, on the basis of their income and asset will get a better status but with this there is a social factor which is working here and one must be sure about it that with poverty too there comes a kind of suppression be it social or economical.
But how this can be a solution to just add on this too, to the All India Quota system. It can also be ensured through all those welfare schemes and if not sufficient then by strengthening the implementation of the welfare schemes.
If not through that, it can also be concluded with this that it is a kind of acceptance that all those policies are ineffective be it the direct benefit transfer or subsidized services and goods provided to the citizens and with introduction of this in 2019 government is accepting that the very first target of governments since 1947-2019 are not sufficient and a complete failure of system.
If not failure then what is it a social experiment, a political stunt or something else?
