EWS reservation with special reference to medical admissions in India

Abstract

Constitution need to be changed according to the growing demands of the society. The partly rigid and partly flexible Amendment procedure adopted in India enabled it to stand the test of time making it a living document. After seventy-three years of independence, The Constitution (103rd Amendment) Act,2019 introduced the concept of reservation on economic grounds which was debated since the making of the constitution. Initially, the reservation was provided only in public employment and representation in legislatures for persons belonging to SCs,STs and SEBCs. Though initiated with a pious objective of ensuring equal protection for all, this policy had also resulted in many agitations and even violence in many parts of the country. Articles 15(6) and 16(6) were added to provide ten percent reservation for economically weaker sections in the general category. This article analyses the amendment in the light of constituent assembly debates and dialectics in the judicial verdicts. The article also highlights the recent challenges faced during its implementation in Medical admissions and the expert committee appointment to revisit the income criteria.