"ECONOMIC CRITERIA IN RESERVATION POLICY: A SHIFT FROM SOCIAL JUSTICE TO ECONOMIC JUSTICE?"

Abstract

The Indian reservation policy has traditionally served as a mechanism to promote social justice by addressing historical caste-based discrimination and empowering marginalized communities. Rooted in the ideals of equality and affirmative action enshrined in the Constitution, reservation has primarily focused on social and educational backwardness. However, the enactment of the 103rd Constitutional Amendment Act, 2019, introducing 10% reservation for Economically Weaker Sections (EWS) from non-reserved categories, signifies a critical shift in the philosophy underpinning affirmative action—from social justice based on caste to economic justice based on financial status.

This paper critically examines the constitutional, legal, and socio-political dimensions of this transformation. It evaluates the rationale behind introducing economic criteria as a basis for reservation, the judicial validation in Janhit Abhiyan v. Union of India, and the broader implications on the existing framework of social equity. By juxtaposing the ideals of social and economic justice, the paper explores whether the EWS reservation complements or contradicts the original objectives of India’s reservation policy.

In doing so, the study engages with questions of equality, representation, and the evolving meaning of justice in contemporary India. It aims to assess whether economic weakness can be an independent criterion for affirmative action or if this move risks overshadowing the continuing socio-structural disadvantages faced by caste-based communities. The paper ultimately reflects on the future trajectory of affirmative action in India and whether the EWS reservation represents an inclusive reform or a constitutional compromise.