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Affirmative Action in India via Vertical, Horizontal, and Overlapping Reservations
Author(s) -
Sönmez Tayfun,
Yenmez M. Bumin
Publication year - 2022
Publication title -
econometrica
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 16.7
H-Index - 199
eISSN - 1468-0262
pISSN - 0012-9682
DOI - 10.3982/ecta17788
Subject(s) - supreme court , affirmative action , law , disadvantaged , political science , constitution , mechanism (biology) , constitution of india , state (computer science) , horizontal and vertical , law and economics , mathematics , sociology , physics , algorithm , quantum mechanics , geometry
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and enforced in Gujarat, 2SMG is also endorsed by Saurav Yadav v. State of UP (2020) , in a Supreme Court ruling that rescinded the flawed mechanism.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.