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Affirmative Action for Economically Weaker Sections and Upper-Castes in Indian Constitutional Law - Context, Judicial Discourse, and Critique (Hardcover)
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Affirmative Action for Economically Weaker Sections and Upper-Castes in Indian Constitutional Law - Context, Judicial Discourse, and Critique (Hardcover)
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This book examines the controversial 103rd Constitutional Amendment
to the Indian Constitution that introduced an income and asset
ownership-based new constitutional standard for determining
backwardness marking a significant shift in the government's social
and public policy. It also analyses state level policies towards
backwardness recognition of upper-caste dominant groups through
case studies of Maharashtra, Haryana, and Gujarat. It provides an
analytical and descriptive account of the proliferation of
reservation policy in India and critiques these interventions to
assess their implication on constitutional jurisprudence. Further,
it assesses the theoretical and empirical challenges such
developments pose to the principle of substantive equality and
scope of affirmative action policies in Indian constitutional law
and general discrimination law theory. The monograph shows how
opening up of reservations for dominant upper-caste groups and
general category will have implications for the constitutional
commitment to addressing deeply entrenched marginalisation
emanating from the traditional social hierarchy and the
understanding of substantive equality in Indian Constitutional law.
Further, it highlights key contradictions, incoherence, and
internal tension in the design of the reservations for Economically
Weaker Sections Critical, comprehensive, and cogently argued, this
book will contribute and shape ongoing constitutional policy and
judicial debates. It will be of great interest to scholars and
researchers of law, Indian politics, affirmative action, social
policy, and public policy.
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