Affirmative Action in India via Vertical, Horizontal, and Overlapping Reservations
研究了印度宪法授权的平权行动机制,指出1995年最高法院批准的机制存在严重缺陷并引发大量诉讼,提出了能消除所有缺陷的2SMG机制,该机制后被古吉拉特邦高等法院和最高法院认可。
Sanctioned by its constitution, India is home to the world's most comprehensive affirmative action program, where historically discriminated groups are protected with vertical reservations implemented as “set asides,” and other disadvantaged groups are protected with horizontal reservations implemented as “minimum guarantees.” A mechanism mandated by the Supreme Court in 1995 suffers from important anomalies, triggering countless litigations in India. Foretelling a recent reform correcting the flawed mechanism, we propose the 2SMG mechanism that resolves all anomalies, and characterize it with desiderata reflecting laws of India. Subsequently rediscovered with a high court judgment and enforced in Gujarat, 2SMG is also endorsed by Saurav Yadav v. State of UP (2020) , in a Supreme Court ruling that rescinded the flawed mechanism. While not explicitly enforced, 2SMG is indirectly enforced for an important subclass of applications in India, because no other mechanism satisfies the new mandates of the Supreme Court.