Structure:

• Introduction: Mention that 103^rd CAA is related to the reservations for the Economically Backward Sections.
• Body: Just mention the features of the 103 CAA and list the merits and demerits of the amendment.
• Conclusion: Mention that the provisions are still under the judicial scrutiny.

Content:

Features:

• 103rd Constitutional Amendment Act reserves 10 per cent of jobs and places in educational institutions for citizens who fall into the ‘general’ category — those not specifically included in other categories such as SC, ST or OBC.
• It amends Article 15 to additionally permit the government to provide for the advancement of “economically weaker sections”.
• It also amends Article 16 to permit the government to reserve up to 10% of all posts for the “economically weaker sections” of citizens.
• The 10 per cent reservation will be in addition to the existing cap of 50 per cent reservation for the Scheduled Castes, Scheduled Tribes and the Other Backward Classes, taking the total reservation to 60 per cent.
• The quota is targeted at economically weaker sections among the upper castes, with a family income ceiling of Rs 8 lakh per annum and who have less than five acres of agricultural land.

Arguments that are against the Act:

1. Lack of discussion and academic inputs: The Bill was not circulated before being introduced in the parliament. It was also not examined by any committee. There was hardly any time between its introduction and final discussion.
2. Difficult to accommodate new reservation: It will be difficult to increase the number of seats for many institutions to accommodate new reservation. Even many government institutes lack adequate infrastructure and resources. Act will put extra burden on them.
3. Mediocrity: It will lead to mediocrity. Admission of poor quality students under the quota may impact the system of education.
4. Violates basic structure: It is argued that the amendment, where reservation is provided on individual economic status, violates the Constitution’s basic structure.
5. Against equality: The amendment is against the idea of equal opportunity. It favours a few and provide them special privileges discriminating others.

Arguments in favour of the act:

1. Not for certain sects:The reservation mooted is for all economically weaker individuals. Thus idea of religion and caste is not used in reservation which had been the case till now as the new law of 10% quota in government jobs and education for economically weaker sections is irrespective of religion and caste.
2. Not against basic structure: It is established principle that reservation shall have a cap of 50%. The government notification providing 10% reservation to weaker economic sections of society was struck down in Indra Sawhney v. UOI.However these rulings were given in relation to a law and have never been discarded in violation of Basic Structure Doctrine. Also, the existing articles 15(4), 15(5) and 16(4) do not mention that reservation shall be 50% explicitly, by way of legislation. Thus basic structure does not seem to be violated.
3. Promote economic welfare: 103^rdamendment act promote economic welfare of the society. It enable inclusion of those who are left behind because of economic disabilities. Thus it enable economic welfare of the society.
4. Decrease inequalities: In India economic inequalities are high. About top 1% own major resources of the economy. 103^rdamendment act ensure distribution of resources and reduce income inequality in the economy.
5. Ensure economic growth: 103^rdamendment act ensure economic growth by reaping demographic dividend. It ensure an inclusive growth by providing equal opportunity to economically weaker section of society.

Although 103^rd amendment act has many advantages it poses a difficult judicial examination than usual. No doubt it envision to uplift economically weaker sections of the society, but its constitutional validity need to be examined.