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arxiv 2203.01483 v3 pith:WBQ5EKZ5 submitted 2022-03-03 econ.TH

Constitutional Implementation of Affirmative Action Policies in India

classification econ.TH
keywords positionsactionaffirmativecourtindiamechanismmechanismspolicies
verification ladder T0 review T1 audit T2 compute T3 formal T4 reserved
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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 lacunae has resulted in widespread adoption of unconstitutional mechanisms, countless lawsuits, and inconsistent court rulings. Formulating mandates in the landmark Supreme Court judgment Saurav Yadav (2020) as technical axioms, we show that the 2SMH-DA mechanism is uniquely suited to overcome these challenges.

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