Article 14 of the Indian Constitution guarantees equality before the law and equal protection of the laws to all persons. While it prohibits arbitrary discrimination, it allows reasonable classification if the classification is based on intelligible differentia and has a rational nexus to the objective sought to be achieved.
Traditionally, affirmative action (reservations) in India has been based on social and educational backwardness, particularly focusing on caste, as recognized under Articles 15(4), 15(5), and 16(4). However, the 103rd Constitutional Amendment Act, 2019 introduced economic criteria as a basis for reservation, allowing up to 10% reservation in education and public employment for Economically Weaker Sections (EWS) of society, excluding those covered under existing caste-based reservations.
This amendment was challenged on the grounds that it violates the basic structure of the Constitution, particularly Article 14. However, in Janhit Abhiyan v. Union of India (2022), the Supreme Court upheld the validity of the 103rd Amendment, ruling by a 3:2 majority that economic criteria alone can form a valid basis for affirmative action, and that the amendment does not violate the basic structure.
In summary, yes, Article 14 permits affirmative action based solely on economic criteria, especially after the 103rd Constitutional Amendment and its validation by the Supreme Court. The Court has recognized economic disadvantage as a legitimate basis for affirmative action, provided it meets the tests of reasonable classification.
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