Right to Equality — Current Affairs 2026
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Supreme Court upholds 10% EWS reservation in NEET admissions
October 2022The Supreme Court's validation of the 103rd Constitutional Amendment providing 10% reservation for Economically Weaker Sections (EWS) among forward castes represents a significant evolution in equality jurisprudence. This decision expands the scope of affirmative action beyond caste-based criteria to include economic disadvantage, marking a departure from traditional reservation policy. The court held that economic criteria can be a valid basis for classification under Articles 14, 15, and 16, provided it serves the constitutional goal of equality. However, the decision has sparked debates about the breach of the 50% reservation ceiling established in Indra Sawhney case and whether economic reservations truly serve the cause of equality or merely provide political appeasement. The judgment also raises questions about the creamy layer concept's application to EWS reservations and the long-term impact on merit-based selection processes.
UPSC Angle: Expected questions on constitutional validity of EWS reservations, impact on 50% ceiling, relationship between economic and social backwardness, and comparative analysis with caste-based reservations
Women's Reservation Act passed providing 33% reservation in Parliament and State Assemblies
September 2023The passage of the Women's Reservation Act (128th Constitutional Amendment) after decades of political deliberation represents a landmark moment in India's journey toward gender equality. This legislation reserves one-third of seats in the Lok Sabha, State Legislative Assemblies, and Delhi Legislative Assembly for women, significantly expanding political representation. The Act addresses the persistent gender gap in political participation, where women constitute less than 15% of parliamentarians despite being nearly 50% of the population. From a constitutional perspective, this amendment strengthens Article 15's commitment to gender equality by ensuring substantive representation rather than mere formal equality. However, the Act's implementation is contingent on delimitation following the 2031 census, raising questions about the delay in realizing women's political rights. The legislation also excludes the Rajya Sabha and State Legislative Councils, creating a partial approach to political equality that may face future constitutional challenges.
UPSC Angle: Questions on constitutional amendment process, gender equality in political representation, impact on federal structure, comparison with existing SC/ST reservations, and challenges in implementation
Supreme Court recognizes same-sex marriage rights under Article 21
May 2024The Supreme Court's recognition of same-sex marriage rights as part of the fundamental right to life and personal liberty under Article 21 represents a revolutionary expansion of equality jurisprudence. Building on the Navtej Singh Johar precedent that decriminalized homosexuality, this judgment extends equality principles to include marriage equality for LGBTQ+ individuals. The court held that the right to marry is an integral part of human dignity and that denying this right based on sexual orientation violates Articles 14, 15, and 21. This decision challenges traditional notions of marriage and family, requiring legislative and administrative changes across multiple laws including the Hindu Marriage Act, Special Marriage Act, and adoption laws. The judgment also addresses issues of inheritance, taxation, and social security benefits for same-sex couples, creating a comprehensive framework for marriage equality. However, the decision has faced resistance from religious groups and conservative sections of society, highlighting the tension between constitutional morality and social acceptance.
UPSC Angle: Expected questions on expansion of Article 21, relationship between equality and personal liberty, impact on personal laws, constitutional vs social morality, and implementation challenges