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Article 46 of the Indian Constitution
As per the definition given in the Constitution of India, Article 46 talks about the promotion of educational and economic interests of Scheduled Castes, Scheduled Tribes, and other weaker sections. The State shall promote with special care the educational and economic interests of the weaker sections of the people, and, in particular, of the Scheduled Castes and the Scheduled Tribes, and shall protect them from social injustice and all forms of exploitations.
simpler terms, this Article explains that the State is responsible to provide special attention in the context of educational as well as economic interests of the weaker sections of the society.
The steps that shall be taken because of this provision if the Constitution shall help the people of the SC, ST, and OBC communities to seek justice and get rid of the social injustice and all the other forms of exploitations they have faced in the past years and which they still do.
IState of Madras v. Smt. Champakaran Dorairajan {1951}
the State of Madras reserved seats for the weaker sections of the society as per the numerical strength for the admission into all the government-based medical and engineering colleges but it was challenged as unconstitutional.
The government defended its actions using Article 46 of the Constitution which was created so that the states can help the people of the weaker sections secure education and jobs without discrimination but this decision was struck down as it violates the fundamental right (Article 15) that guarantees equality. The Apex Court also stated that the Directive Principles of the State Policies cannot overrule the fundamental rights.
Indira Sawhney v. Union of India (1992),
the Apex Court stated that the reservation limit is up to 50% of total seats for the backward classes and shall not exceed that. This case is famously known as the Mandal case.
The interesting thing about this case is that even though it was decided that 50% is the limit, in 2019 as per the 103rd Amendment to the DSPS, the Honorable Supreme Court stated until now the sole criteria that will be considered to make reservations would be social and educational backwardness but now after the Amendment, the economically weaker sections of the society will also be allowed to access these reservations and thus the limit was pushed up to 60% of the total seats.
The Supreme Court looked into the case and examined this case from various aspects.
They reviewed the reservation system under Article 15(4), 16(4) and 340 of the Indian Constitution.
The Supreme Court stated that the concept of reservations is not about not letting meritorious students in the background. The whole point is to make our society more egalitarian. There are various positions which are meant for students with merits therefore it cannot be said that the concept of reservations is anti merit.
To keep everyone’s interests in mind, there was an Amendment made where ‘Clause 4’ was added to Article 15 which stated that the governments are now allowed to create special reservations/ provisions that will help uplift the weaker sections of the society economically as well as education-wise.
After this Amendment, the government started to make reservations in educational institutes by invoking the aforementioned clause.
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