Reservation to Economically Weaker Sections: Key Issues Involved

  • Fundamental Rights of Educational Institutions: Creating reservation at private-unaided educational institutions would eschew the freedoms under Article 19(1)(g). Curbing fundamental rights for facilitating professional and degree education is an overstretch from Article 21A’s mandate of literacy and primary schooling.
  • Socially Weaker Sections will not be covered by the New Quota: An SC/ST/OBC poor would be restricted from claiming reservation under the EWS quota despite being both economically disadvantaged and socio-educationally backward.
  • The policy bypasses the constitutional qualifiers for reservation: As envisaged under Article 16 (4), reservation operates on demonstrating both “backwardness” and “inadequacy of representation”. Although the qualifier of “backwardness” has been ....
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