105 Amendment of Indian Constitution: Act, Significance, Impact.

What is the 105 Amendment of Indian Constitution?

The Constitution (One Hundred and Fifth Amendments) Act, popularly known as the 105 Amendment of the Indian Constitution, 2021, restored the right of state governments to define SEBCs or socially and educationally backward classes. SEBCs are community classes, such as OBCs (Other Backward Classes), for which the Indian state may make special provisions or take affirmative action. On August 18, 2021, the President of India signed the 105 Amendment of the Indian Constitution into law. The Bill seeks to restore state governments’ authority to identify OBCs who are socially and educationally backward. According to the Union government, the goal of the 105 Constitutional Amendment Act is to create a Central List that would solely apply to the Central Government and its institutions.

Before going further, let us see how many amendments are there in the Indian constitution  Since its first enactment in 1950, there have been 106 total amendments in the Indian Constitution. The Indian Constitution underwent recent amendments from 2019 to 2023, with the latest one made on 28 September 2023.

Need for 105 Constitutional Amendment Act 

The Bill seeks to restore state governments’ prior jurisdiction to recognize OBCs who are socially and educationally disadvantaged. The Union government states that the purpose of the 105 Amendment of Indian Constitution Act is to create a Central List exclusively used by the Central Government and its institutions. Nothing to do with state lists of retarded classes or state governments’ ability to label a community retarded. About 671 OBC communities would benefit from the measure as they would have lacked access to reservations in commercial and educational institutions if the state list were eliminated. This measure promotes social empowerment. Furthermore, it displays our government’s commitment to safeguarding marginalized populations’ justice, opportunity, and dignity.

105th Amendment of the Indian Constitution

The act takes place against the backdrop of the Supreme Court’s decision in the matter of Dr Jaishri Laxmanrao Patil v. The Chief Minister and Others overcame it. In this case, the Supreme Court ruled by a 3:2 majority (headed by Justice S Ravindra Bhat on the interpretation of the 102nd Constitutional Amendment Act) that Parliament intended with the 102nd Amendment to extend the present legal system for identifying SCs and STs to the SEBCs. The Parliament accomplished this by inserting Article 338B, which is a mirror version of Articles 338 and 338A.

Latest Amendment of the Indian Constitution (105th)- Reasons

In the aftermath of the passage of the 102nd Amendment, the legal landscape witnessed a significant shift with the Supreme Court’s decision regarding the Maharashtra government’s law granting Communal and Economically Backward Classes status to the Maratha community. The landmark case, Jaishri Laxmanrao Patil v. Chief Minister of Maharashtra, concluded in May 2021.

In November 2018, the Maharashtra state assembly enacted legislation designating Marathas as SEBC (Socially and Educationally Backward Classes), providing preferential treatment in higher education and public employment. However, the constitutional validity of this statute was challenged, citing the 102nd Constitutional Amendment, which seemingly curtailed the state’s authority in recognizing SEBCs. The Supreme Court, in a 3:2 majority decision, agreed and overturned the rule.

The majority, emphasizing a literal interpretation of the amended Constitution, departed from parliamentary records indicating no intention to strip states of their SEBC recognition powers. This decision, surprising the political landscape, garnered support from national and state parties advocating for the restoration of state authority.

Facing the potential loss of SEBC status for numerous communities, the Union government swiftly requested a review of the decision. However, on June 28, the Court upheld its verdict. Subsequently, in August, the Union government introduced the 127th Constitutional Amendment Bill, which later materialized into the 105th Constitutional Amendment Act. This legislative development reflects the evolving dynamics of constitutional interpretations in the Indian legal framework.

Article 105 Amendment of Indian Constitution Year

In 2021, the 105th Amendment of the Indian Constitution came into effect. It was part of the 127th Constitutional Amendment Bill. The 102nd Amendment Act of 2018 granted constitutional validity to the National Commission for Backward Classes (NCBC). Following that, the 105th Amendment passed, restoring the state government’s authority to identify socially and economically disadvantaged groups. The 102 Amendment introduced Articles 338B and 342A, granting constitutional standing to NCBC and empowering the Central Government to maintain the OBC list.

Important Dates and Events Leading to the 105th Amendment of the Indian Constitution

1. Mandal Commission Report (1980)

• Event: The Mandal Commission, established in 1979, submitted its report in 1980.
• Significance: Recommended reservations for OBCs in jobs and education, influencing future amendments and legal battles, including the 105th Amendment.

2. Supreme Court Judgment in Indra Sawhney Case (1992)

• Date: November 16, 1992
• Event: Upheld Mandal Commission’s recommendations, introduced a 50% cap on reservations, and excluded the “creamy layer” of OBCs.
• Significance: Set legal precedents that influenced the 105th Amendment.

3. Maharashtra SEBC Act (2018)

• Date: November 30, 2018
• Event: Maharashtra law provided reservations for Marathas under SEBC.
• Significance: Highlighted the need for a constitutional amendment to clarify states’ powers in determining SEBCs.

4. Supreme Court Judgment in Maratha Quota Case (2021)

• Date: May 5, 2021
• Event: Struck down Maharashtra SEBC Act, stating states couldn’t identify SEBCs after the 102nd Amendment.
• Significance: Demonstrated the need for the 105th Amendment to restore states’ powers.

5. Introduction of the 105th Amendment Bill (2021)

• Date: August 9, 2021
• Event: Introduced in the Lok Sabha.
• Significance: Aimed to amend the Constitution to restore states’ power to identify SEBCs.

6. Passage of the 105th Amendment Bill (2021)

• Date: August 10-11, 2021
• Event: Passed by Lok Sabha and Rajya Sabha.
• Significance: Demonstrated broad consensus and urgency.

7. Presidential Assent (2021)

• Date: August 18, 2021
• Event: President gave assent, making it official.
• Significance: Restored states’ power to identify and notify SEBCs.

These events collectively highlight the legal and legislative journey leading to the 105th Amendment, ensuring states retain their authority to address socio-economic needs effectively.

Key Highlights of 105 Amendment of the Indian Constitution

In 2021, the 105th Amendment to the Indian Constitution came into use. It was part of the 127th Constitutional Amendment Bill. Below is a discussion of some of the most important points of the 105th Amendment to the Indian Constitution.

• In 2019, the Maharashtra government gave the Maratha Quota 16% reservation; however, the court reversed this decision for two reasons.

1. It was more than the reservation limit set in the historic Indira Sawhney case.
2. The state was no longer able to provide OBC reservations under the 102nd Amendment, according to the Supreme Court’s second justification.

• The 102nd Amendment Act of 2018 gave the National Commission for Backward Classes (NCBC) constitutional status by stating that the President and Central Government will maintain the list of Backward Classes, which the states eventually lost their authority to maintain.
• Following that, the 105th amendment was passed, restoring the state government’s jurisdiction to identify socially and economically disadvantaged groups.
• Article 338 B and Article 342 A, which gave NCBC constitutional status and the Central Government the power to maintain the OBC list, were added by the 102nd Amendment.

105 Constitutional Amendment Act

The 105 Constitutional Amendment Act, 2021 is the most recent modification to the Indian Constitution as of 2021. The 105th Amendment aims to restore state authority in recognizing academically and socially disadvantaged OBCs. The 105th Amendment adds a new clause to Article 342A and modifies clauses 1 and 2. The proposed legislation will also change Articles 366 (26c) and 338B. The 105th Amendment assures states the ability to maintain their “state list.” The Union filed the 127th Amendment Bill, later becoming the 105th Act.

Nothing about the State Lists of Weaker Sections was relevant to it.

Role of Maratha Quota Case in Bringing 105 Constitutional Amendment Act

In May 2021, the Supreme Court delivered its judgment on the Jaishri Laxmanrao Patil v. Chief Minister, Maharashtra case. In November 2018, Maharashtra designated the Maratha community as SEBC, granting preferences in higher education and public employment. This law faced challenges, particularly because the 102nd Constitutional Amendment had curtailed states’ authority to recognize SEBCs. The Court, by a 3:2 majority, concurred and reversed the rule. The majority stressed a literal interpretation of the amended Constitution, with no parliamentary intent to remove state authority in recognizing SEBCs. Political outrage at this decision led national and state parties to push for the restoration of state power. Requesting a review, the Union’s plea to retain SEBC status for many villages was denied on June 28. Consequently, the Union filed the 127th Constitutional Amendment Bill in August, later becoming the 105th Civil Amendment Act.

Significance of 105 Amendment of the Indian Constitution

The 105 Amendment of the Indian Constitution was ratified on August 18, 2021. The following describes the significance of this amendment:

1. Article 105 of the Indian Constitution focuses on advancing social liberation and empowerment.
2. The Central Government and its connected institutions will only use the Central List, which is the main goal of the 105th Constitutional Amendment Act.
3. It had no relation to State Lists of Socially Retarded Classes or the authority of State governments to designate a community as backward.
4. The bill will help about 671 OBC communities because these OBC classes would not have been able to access reservations in jobs and educational institutions if the state list had been canceled.
5. Article 105 does not interfere with state governments’ ability to label a community as socially disadvantaged.
6. Additionally, it demonstrates the government’s unwavering commitment to preserving the concepts of equality, opportunity,  and the dignity of marginalized communities.
7. It also reflects the dedication of our government to ensuring the dignity, equality, and justice of the underprivileged.

The Corrective Course of the 105th Amendment of the Indian Constitution 

Seeking a solution, the Union government asserted the 102nd Amendment applied exclusively to the Central government and its institutions. It aimed to grant the Union government the authority to designate SEBCs.

1. Crucially, it contained no clause that would have taken away State governments’ ability to name SEBCs
2. Every political party agreed that the States should restore their power as soon as possible.
3. They unanimously moved to overturn the Supreme Court’s decision.
4. Consequently, both chambers of Parliament presented and passed the 105th Constitutional Amendment Act with unanimous consent.
5. Not a single member of the Lok Sabha voted against Article 105
6. Consequently, Parliament brought back the clauses that give States the power to recognize SEBCs.

Impact of 105 Amendment of the Indian Constitution 

1. To address the issue, the 105 Amendment of Indian Constitution Act modified clauses 1 and 2 of Article 342A and added clause 3. It also included amendments to Articles 366 and 338B.
2. The authority for state governments to designate groups who are socially and educationally disadvantaged was restored by Article 105 of the Indian Constitution.
3. The reserve clause in the Constitution has been the focus of much debate.
4. Even decades after attaining independence, our society still dedicates itself to achieving equal rights and eliminating prejudice and discrimination through reservation rules.

Also Read:-

• Amendment in Indian Constitution: An Overview
• 1st amendment of Indian constitution 1951: Key Changes & Impact
• 104 Amendment of Indian Constitution – Impact & Rationale, Act.
• Father of Indian Constitution

Importance of 105th Constitutional Amendment Act, 2021

• Preserves State Authority: The Act clarifies that state governments retain the power to identify Other Backward Classes (OBCs) within their jurisdictions. This ensures states can address the specific needs of their populations when implementing affirmative action programs.
• Protects Reservation Access: The amendment prevents hundreds of OBC communities from losing access to reservations in education and government jobs. These communities might not be included in a central list, and state recognition is crucial for their advancement.
• Promotes Equality of Opportunity: By ensuring continued access to reservations, the Act upholds the government’s commitment to providing disadvantaged groups with equitable opportunities for social and educational development.

105th Amendment of Indian Constitution UPSC 

One of the main topics in the UPSC Current Affairs segment is the 105 Amendment to the Indian Constitution. Adopted in 2021, it is the most recent amendment to the Constitution. You can rely on conventional texts and basic NCERT books to study for the UPSC Prelims and Mains exams. The 102nd Amendment granted State Governments SEBC designation power, affirmed by the Supreme Court in May 2021. The States had historically possessed this authority, and there was strong support for an amendment that would bring it back. Swiftly, they introduced and passed the bill in three days in both the Lok Sabha and Rajya Sabha in August 2021.

Conclusion 

The 2021 enactment of the 105 Amendment of Indian Constitution Act is a significant step towards the restoration of state governments’ jurisdiction to identify socially and educationally backward groups or SEBCs. In response to a Supreme Court decision and widespread calls for restoring state power, authorities implemented corrective measures. This amendment emphasizes the commitment to equality, opportunity, and dignity for vulnerable people while placing a high priority on social empowerment.

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