103rd Amendment

Subject: Polity

Context:

Supreme Court has referred a batch of petitions challenging the 103rd Constitution Amendment of 2019 to a five-judge Constitution Bench

Concept:

• It provides for 10% reservation in government jobs and educational institutions for Economically Weaker Section by amending Articles 15 and 16 that deal with the fundamental right to equality.
• An additional clause was added to both provisions, giving Parliament the power to make special laws for EWS like it does for Scheduled Castes, Scheduled Tribes and Other Backward Castes. The states are to notify who constitute EWS to be eligible for reservation.

Issue:

• The law was challenged primarily that it violates the Basic Structure of the Constitution. This argument stems from the view that the special protections guaranteed to socially disadvantaged groups is part of the Basic Structure and that the 103rd Amendment departs from this by promising special protections on the sole basis of economic status
• Another challenge has been made on behalf of private, unaided educational institutions. They have argued that their fundamental right to practice a trade/profession is violated when the state compels them to implement its reservation policy and admit students on any criteria other than merit.