Affirmative Action for Economically Weaker Sections and Upper-Castes in Indian Constitutional Law

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.

Auteur

Asang Wankhede is a future General Editor of Denning Law Review and is currently engaged with the Oxford University Commonwealth Law Journal as an Associate Editor. He reads D.Phil in Law at the University of Oxford and holds MPhil in Law (Oxon.) and an LLM in International law (SOAS, London) where he read as a Felix Scholar and was awarded a Distinction. His areas of interest are Constitutional Law, Discrimination Law with focus on caste discrimination, International Law, Data Protection and Privacy Law and Intellectual Property Rights.

Asang has also been actively involved in Dalit student politics to fight institutional caste-based segregation and discrimination in university spaces.

Contenu

List of Cases. List of Statutes. List of other primary legal sources. 1. Introduction PART I: The EWS and Upper-castes reservations in India and their judicial treatment 2. The Legal History of Reservation for SC/STs, OBCs, EWS and Upper-Castes in India 3. Reservation for EWS and Upper-Castes in India 4. The Political context and Creamy Layer 5. Judicial treatment of Reservation for Economically Weaker Sections (EWS) and Upper-Castes in India Part II: The Post-2019 Regime, State Interventions, and Discrimination Law Theory 6. Aims, role and characteristics of substantive equality and affirmative action 7. Protected grounds, protected groups, demarcation of beneficiary classes and the extent of quota limit 8. Treatment of socio-economic/pure-economic disadvantages in discrimination law and Sociological meaning of class 9. Conclusion. Bibliography