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10 % reservation to EWS | 72nd Class | IAS 2019

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In the 124th Constitutional Amendment recently passed by both Houses of Parliament, providing for 10% reservation to economically weaker sections, the newly inserted Clause 6 in Article 16 enables the state to make such a provision. Because of this, the government is confident that the Supreme Court is unlikely to find such reservation unconstitutional and that the amendment will be upheld as consistent with the principle of equality and non-discrimination. The move has, however, been challenged on the ground of violating the basic structure of the Constitution. An NGO, Youth for Equality, has moved a petition on this ground, while senior advocate Indra Sawhney, whose plea had led to the landmark Mandal judgment capping reservations at 50%, is contemplating a challenge to the amendment.


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