Caste vs. Economic Criteria in Reservations: A Constitutional Analysis of Caste-Based Reservation Versus Economic-Based Reservations
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Date
2025-06
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National Law University and Judicial Academy, Assam
Abstract
The Indian Constitution envisions justice, equality, and dignity for all, particularly for those
historically marginalized by caste-based exclusion. Caste-based reservations have long served
as a corrective mechanism to address entrenched social and educational backwardness.
However, the 103rd Constitutional Amendment Act, 2019, introduced a 10% reservation for
Economically Weaker Sections (EWS) among unreserved categories, marking a shift from
traditional caste-based affirmative action to economic criteria. This shift raises critical
constitutional questions: Can economic disadvantage, divorced from social stigma, justify
affirmative action? Does this inclusion of economic criteria dilute the original purpose of
reservations, or does it expand the scope of substantive equality? As social and economic
backwardness increasingly intersect, concerns arise about equating economic hardship with the
unique, systemic oppression rooted in caste.
Description
Dissertation submitted to National Law University and Judicial Academy, Assam
in partial fulfilment for award of the degree of
MASTER OF LAWS/ONE YEAR L.L.M. DEGREE PROGRAM
Submitted ByShriyam Arvind
UID-SM0224040
Supervised ByDr. Himangshu Ranjan Nath
Assistant Professor of Law