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The Economically Weaker Sections (EWS) judgment fails to uphold the constitutional values meant to end the perpetuation of discrimination against the SCs, STs and other backward classes. Critically Examine.

Topic: Indian Constitution—historical underpinnings, evolution, features, amendments, significant provisions and basic structure.

3.  The Economically Weaker Sections (EWS) judgment fails to uphold the constitutional values meant to end the perpetuation of discrimination against the SCs, STs and other backward classes. Critically Examine. (250 words)

Difficulty level: Tough

Reference: Indian ExpressThe Hindu

Why the question:

The Supreme Court of India’s recent decision, upholding the constitutional validity of the law granting 10% reservation to Economically Weaker Sections (EWS) of the upper castes, has ignited much debate. Some pundits have affirmed the judgment marks the death knell of caste as a factor in reservation, while others argue that it underscores its perpetual relevance.

Key Demand of the question:

To write critically examine the EWS judgement of the SC and give a balanced opinion regarding EWS reservation.

Directive word: 

Critically examine – When asked to ‘Examine’, we have to look into the topic (content words) in detail, inspect it, investigate it and establish the key facts and issues related to the topic in question. While doing so we should explain why these facts and issues are important and their implications. When ‘critically’ is suffixed or prefixed to a directive, one needs to look at the good and bad of the topic and give a fair judgment.

Structure of the answer:

Introduction:

Begin by giving the context of 103rd constitutional amendment act and what it introduced.

Body:

First, write about the how the above judgement could adversely affect the members of SC, ST and OBC communities and how non-discrimination and compensatory discrimination does not violate the equality code.

Next, write about the need of EWS reservation and the need to move away from caste-centric definition of backwardness.

Conclusion:

Conclude by writing a balanced opinion.