The 103rd Constitutional Amendment Act
The President has signed the 124th Constitutional Amendment Bill (now known as the Constitution103rd Amendment Act), which provides a 10% reservation for economically disadvantaged groups.
KEY FACTS ABOUT THE 103RD CONSTITUTIONAL AMENDMENT ACT
• The following are key elements of the 103rd Constitutional Amendment:
• Articles 15 and 16 of the Constitution were changed as a result of the amendment. The amendments allow for the advancement of society's "economically weaker sections."
• The amendment aims to fulfil the obligations of Article 46's directive principles of state policy, namely, to promote the educational and economic interests of society's weaker members.
CRITERION FOR RESERVATION
• Individuals with a yearly income of less than Rs.8 lakhs, or
• Those who own less than ve acres of farmland, or those who own less than ve acres of farmland.
• People who live in a town with a house that is less than 1,000 square feet (or 100 sq yard in a notified municipalarea).
• Since the Supreme Court set a 50 percent reservation cap, the constitutional amendment has yet to pass judicial scrutiny.
The example of Tamil Nadu has been used to suggest that there are ways to protect the amendment from being declared unconstitutional by the Supreme Court. Gujarat has become the first state to implement the 103rdConstitutional Amendment Act's proposed 10% quota for people from economically disadvantaged groups.
The legal review process is the biggest roadblock to the new Act's implementation. The constitutional validity of the 103rd constitutional amendment act, which was passed by both Houses of Parliament after being presented as the Constitution (124th Amendment) Bill,2019, has been questioned by 'Youth for Equality.'
The Supreme Court has repeatedly ruled against going beyond the 1992 formula of a maximum of 50% reservation (Indira Sawhney v. Union of India).
However, some states, such as Tamil Nadu, go beyond this limit, and the Supreme Court has repeatedly upheld the state's policy. Currently, the state operates on a'69% quota system.' However, the court's decision on this amendment is still in the womb of time.