EWS Reservation and Its Influence on Unaided and Private Educational Institution’s Rights Under Article 19(1)(g) of The Indian Constitution

  • Anugraha P,
  • Abitha P Sunil and Leo Chalackal
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  • Anugraha P

    Student at Government Law College Thrissur, Kerala, India

  • Abitha P Sunil

    Student at Government Law College Thrissur, Kerala, India

  • Leo Chalackal

    Student at Government Law College Thrissur, Kerala, India

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Abstract

The 103rd amendment to the Indian constitution provides for reservations in government jobs and educational institutions for economically weaker sections of society. However, this amendment has raised concerns about its potential impact on Article 19(1)(g), which guarantees the right to practice any profession, occupation, or trade. In this article, we examine the implications of the 103rd amendment on Art. 19(1)(g) and argue that while the right to practice a profession is important, it must be balanced against the larger goal of promoting social justice and equality. We also discuss the major concern, whether the fundamental right enshrined under Art. 19(1)(g) is really affected by the amendment and if so, in what all ways the amendment affects the fundamental right. It is also discussed here in this article, that which of the fundamental rights will dominate over the other, whether Art.19(1)(g) or the new amendment in Art. 15 and 16. It is important to analyze the matter in such a wide aspect to realize the intention of the amendment and this article provides a route through which the readers can achieve the appropriate conclusion.

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International Journal of Law Management and Humanities, Volume 6, Issue 2, Page 2647 - 2657

DOI: https://doij.org/10.10000/IJLMH.114684

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