Constitutional Implementation of Affirmative Action Policies in India
研究了印度政府机构为弱势群体保留职位的平权政策,发现职位不同质时缺乏宪法认可的实施方案,导致违宪机制和诉讼。基于最高法院判例,提出2SMH-DA机制可解决该问题。
Abstract India is home to a comprehensive affirmative action program that reserves a fraction of positions at governmental institutions for various disadvantaged groups. While there is a Supreme Court-endorsed mechanism to implement these reservation policies when all positions are identical, courts have refrained from endorsing explicit mechanisms when positions are heterogeneous. This lacuna has resulted in widespread adoption of unconstitutional mechanisms, countless lawsuits, and inconsistent court rulings. By formulating mandates from the landmark Supreme Court judgment Saurav Yadav vs The State of U.P. (2020) as technical axioms, we show that the 2SMH-DA mechanism is uniquely suited to overcome these challenges.