Can The Doctrine Of 'basic Structure' As Established In Kesavananda Bharati V. State Of Kerala Be Used To Challenge The Constitutional Validity Of The 103rd Constitutional Amendment Act, 2019, Which Introduced The 10% EWS Reservation, On The Grounds That It Alters The 'equality Code' Enshrined In Part III Of The Constitution, Thereby Affecting The Fundamental Rights Of The Scheduled Castes And Scheduled Tribes?

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The 103rd Constitutional Amendment Act, 2019, which introduced the 10% EWS reservation, can indeed be challenged under the basic structure doctrine established in Kesavananda Bharati v. State of Kerala. Here's a structured summary of the reasoning:

  1. Basic Structure Doctrine: This doctrine holds that the Constitution has an unalterable basic structure, including fundamental rights and the principle of equality. Any amendment violating this structure can be struck down.

  2. 103rd Amendment: The amendment added clauses to Articles 15(6) and 16(6), introducing EWS reservations. It is argued that this alters the equality code in Part III, potentially affecting SC and ST rights.

  3. Equality Code and Fundamental Rights: The equality principle is a core part of the basic structure. The amendment's impact on this principle is a valid ground for challenge.

  4. Precedent and Reservations: While economic reservations have been upheld (e.g., Indra Sawhney case), the EWS quota's introduction as a new category and its cumulative effect on reservation limits (potentially exceeding 50%) raises concerns.

  5. Judicial Consideration: The Court would assess whether the amendment is a permissible adjustment for social justice or a fundamental alteration of the equality principle.

  6. Conclusion: The challenge is plausible under the basic structure doctrine, but the Court's decision would hinge on its interpretation of the amendment's impact on the Constitution's core principles.

In summary, while the challenge is feasible, the outcome depends on the Court's view of the amendment's alignment with the Constitution's basic structure and its commitment to social justice.