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19 Supremo Amicus 404 (2020)
A Fallacious Rescue to Reverse Discrimination: EWS

handle is hein.journals/supami19 and id is 416 raw text is: SUPREMO AMICUS VOLUME 19 ISSN: 2456-9704 A FALLACIOUS RESCUE TO REVERSE DISCRIMINATION: EWS By Rohit Choudhary and Rahul Sodhi From The North Cap University ABSTRACT The long-standing goals of the Indian Constitution which serve as a driving force towards building a society that finds its roots in justice, liberty, equality and fraternity. We have seen under the Citizenship Amendment Act, 2019, where these objectives were trampled upon by the Parliament. In this article, the Citizenship Amendment Act would not be the impugned topic for discussion, lieu, it will be the Constitution (103rd Amendment) Act, 2019 being the subject-matter for consideration. This act empowers the Economically Weaker Citizens by providing them 10 per cent reservation, in addition to the already-existing reservationists and explicitly excludes such reservationists from the purview of this act. The act has faced a juggernaut of criticisms on various grounds which I will be discussing in this article. Indeed, reverse discrimination is happening at this time as the forward classes are not subjected to the special provisions made in this behalf for their counterparts, i.e. the backward classes of citizens. They are availing such benefits by virtue of the fact that they have sustained a long-standing disadvantageous position in the society due to various compelling forces and now, it's the time for them to stand 1167 Article 15(4) Nothing in this article or in clause (2) of article 29 shall prevent the State from making any special provision for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes. (5) Nothing in this article or in sub-clause (g) of clause (1) of article 19 shall prevent the State from making any special provision, by law, for the beside the forward groups. This is the essence of substantive equality and thus, the Constitution (103rd Amendment) Act is an attempt of sowing seeds for reviving the historical discrimination in response to the reservation provisions for the backward groups. This act finds its inception in a premise which is backed by a misunderstood necessity. I will be discussing in detail about the Constitution (103rd Amendment) Act and the reasons of its enactment. Then, the focus will be shifted on the Proportionality Test; for the purpose of screening the impugned Act through each rung of the test and analyzing the extent of its correctness. I. A NEW BORN RESERVATION When our constitution was being framed, the framers had it in their mind that the backward classes of citizens shall get an equal opportunity in order to emancipate themselves from their historically- disadvantageous position and get adequate representation in every facet of development. Before the constitution came into being, the Scheduled Castes and Scheduled Tribes were the crystal clear groups who were known to be strangulated and stranded in a vicious circle of social exploitation. Thus, these groups were on the forefront of the policies of the constitution makers and this later led to the inclusion of special provisions for them in the form of Article 15(4) & 15(5)1167, along advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes or the Scheduled Tribes in so far as such special provisions relate to their admission to educational institutions including private educational institutions, whether aided or unaided by the State, other than the minority educational institutions referred to in clause (1) of article 30. PIF 6.242 www.supremoamicus.org 404

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