Question

Choose any one important constitutional change that has happened in recent years. Find out why the change was made, what different arguments were put forward for the change, and the historical background to the change. If you can, try and look at the Constitutional Assembly Debates (http://parliamentofindia.nic.in/ls/debates/debates.htm) to see how the issue was discussed at that time. Write about your findings.

Answer 1

The 103rd Constitutional Amendment Act, 2019, significantly changed the Indian Constitution. It introduced reservation for Economically Weaker Sections (EWS) in education and government jobs. It allowed up to 10% reservation for economically weaker people who were not already covered under other reservation categories.

Why the Change Was Made

1. The amendment was introduced to help people who were economically weak but did not receive benefits under the existing reservation system.
2. It was believed that poverty could make it difficult for people to get proper education and employment opportunities.
3. The amendment aimed to provide better opportunities to economically weaker sections of society.
4. Supporters believed that it would help promote equality and social justice.

Arguments For and Against

Arguments in Favour:

1. Economically weaker people also face difficulties in getting good education and jobs.
2. The reservation could provide them with better opportunities.
3. It was seen as a step towards reducing economic inequality.

Arguments Against:

1. Some people argued that reservation was originally meant mainly for groups that had suffered historical and social discrimination.
2. They questioned whether economic condition alone should be the basis for reservation.
3. There was also debate over whether an additional 10% reservation would affect the existing reservation system.

Historical Background:

While framing the Constitution, the Constituent Assembly discussed equality, social justice and special protection for disadvantaged groups. At that time, special provisions mainly focused on communities that had suffered from social and historical discrimination. The EWS amendment later introduced economic weakness as another basis for providing reservation. Thus, both the Constituent Assembly debates and the EWS amendment deal with the larger question of how the government can provide equal opportunities to disadvantaged people.

Conclusion:

The 103rd Constitutional Amendment shows that the Constitution can change to meet society’s evolving needs. The debate over EWS reservation also shows that questions of equality, social justice, and fair opportunities remain important in India.