The 104th Amendment extended the reservation of seats for SCs, STs, and OBCs in Lok Sabha and State Assemblies for another 10 years.
The amendment also ensured that these reservations are not disrupted and that political representation continues for these communities.
This amendment was passed with the purpose of supporting underrepresented communities in Indian politics and governance.
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104 Amendment of Indian Constitution
The 104th Amendment of Indian Constitution is a significant reform in India’s reservation policy, specifically related to the promotion of Scheduled Castes (SCs), Scheduled Tribes (STs), and Other Backward Classes (OBCs) in government services. This amendment was enacted to extend the provision of reservation for these communities in government jobs and promotions, addressing the issue of social justice and equality. In this article, we will explore the key provisions, historical context, legal impacts, and the broader significance of the 104th Amendment of Indian Constitution.
What is the 104 Amendment of Indian Constitution?
The 104 amendment of Indian constitution, enacted in January 2020, primarily deals with the reservation of seats for Scheduled Castes (SCs) and Scheduled Tribes (STs) in the Lok Sabha (House of the People) and State Legislative Assemblies. Here are the key features of the 104 amendment of Indian constitution04th Amendment:
Extension of Reservation: The amendment extended the reservation of seats for SCs and STs in the Lok Sabha and State Legislative Assemblies for another ten years, until January 25, 2030. This reservation was originally set to expire on January 25, 2020.
Abolition of Reservation for Anglo-Indians: The amendment also abolished the provision for the nomination of two members of the Anglo-Indian community to the Lok Sabha and State Legislative Assemblies. This was a significant change, as it effectively ended the special representation that was previously provided to the Anglo-Indian community.
Impact on Representation: The amendment aimed to ensure continued political representation for SCs and STs while also reflecting the changing demographics and needs of the country, particularly concerning the Anglo-Indian community, which has seen a decline in population.
Constitutional Changes: The amendment made changes to Articles 330 and 332 of the Constitution, which pertain to the reservation of seats for SCs and STs in the Lok Sabha and State Assemblies.
The 104 amendment of Indian constitution was part of the broader efforts to address social justice and representation in Indian politics, while also responding to the evolving dynamics of various communities within the country.
Subsequent to 104 amendments of Indian Constitution
As of my last knowledge update in October 2023, there have been no new amendments to the Indian Constitution following the 104 amendment of Indian Constitution, which was enacted in January 2020. The 104 amendment of Indian Constitution primarily dealt with the extension of reservations for Scheduled Castes (SCs) and Scheduled Tribes (STs) in the Lok Sabha and State Legislative Assemblies until January 25, 2030, and the abolition of the provision for the nomination of Anglo-Indians to these bodies.
Context and Developments Post-104th Amendment
While there have been no further amendments, several significant developments have occurred in the political and social landscape of India since the 104 amendment of Indian Constitution:
Political Discussions: The abolition of the Anglo-Indian nominations has led to discussions about the representation of minority communities in Indian politics. Various political parties and groups have expressed differing views on the adequacy of representation for various communities in light of the 104 amendment of Indian Constitution.
Judicial Interpretations: The Supreme Court of India and various High Courts have continued to interpret laws related to reservations and social justice, impacting the rights and representation of marginalized communities, particularly in the context of the 104 amendment of Indian Constitution.
State-Level Initiatives: Some states have taken initiatives to enhance reservations or provide additional benefits to SCs, STs, and Other Backward Classes (OBCs) based on their specific demographic and social contexts, influenced by the provisions of the 104 amendment of Indian Constitution.
Social Movements: Various social movements and organizations continue to advocate for the rights of marginalized communities, pushing for more inclusive policies and practices, often referencing the 104 amendment of Indian Constitution in their arguments.
Legislative Changes: The Indian Parliament and state legislatures have introduced various laws and policies aimed at addressing issues related to social justice, economic development, and welfare programs for marginalized communities, in the backdrop of the 104 amendment of Indian Constitution.
Public Discourse: The discourse around affirmative action, social justice, and representation remains active in public and political spheres, with ongoing debates about the effectiveness and scope of such policies, particularly in relation to the 104 amendment of Indian Constitution.
Timeline of 104 Amendment of Indian Constitution
The 104th Amendment to the Indian Constitution lists the following events:
Date
Event
1950
Reservations are established for Anglo-Indians, SCs, and STs through the Indian Constitution.
1960
The 8th Amendment extends reservations for ten years, until 1970.
1969
The 23rd Amendment eliminates the ST reservation in Nagaland and extends reservations through 1980.
1980
Reservations are allowed under the 45th Amendment until 1990.
1989
The 62 Amendment extends reservations until 2000.
1999
The 79th Amendment extends reservations until 2010.
2009
The 95th Amendment extends reservations until 2020.
2010
The 104th Amendment has extended the scheduled expiration of reservations until 2030.
January 25, 2020
Anglo-Indian reservations end with the 104th Amendment, which also extends SC/ST reservations through 2030.
On December 9, 2019, the Lok Sabha passed the 104 Amendment of Indian Constitution. This significant piece of legislation was proposed by the then Minister of Law and Justice, Ravi Shankar Prasad. The amendment aimed to address two primary issues: the extension of reservations for Scheduled Castes (SCs) and Scheduled Tribes (STs) in the Lok Sabha and state legislative assemblies, and the abolition of reserved seats for the Anglo-Indian community.
Who are Anglo-Indians?
Anglo-Indians are a community in India that has mixed Indian and European ancestry, particularly British. The term “Anglo-Indian” was originally used during British colonial rule to refer to people of mixed European and Indian descent. Over time, it became associated with those whose lineage included British ancestry on the paternal side and Indian ancestry on the maternal side. The Anglo-Indian community played a significant role in India’s history, especially during the colonial period, contributing to areas such as administration, education, and the railways. They often adopted English as their primary language and upheld British cultural traditions, but they were also deeply rooted in Indian society.
Post-Independence, the Anglo-Indian population became known for its unique cultural identity, combining elements of both European and Indian heritage. They were even recognized in the Indian Constitution, with provisions for reserved representation in the Lok Sabha and state legislatures. However, as of the 104th Amendment, these reserved seats have been discontinued.
History of Anglo-Indian Reservation
The history of Anglo-Indian reservation in India is tied to the colonial period and the subsequent political developments in independent India. Here’s an overview of the key events and changes regarding the reservation of seats for the Anglo-Indian community:
Colonial Era
Emergence of the Anglo-Indian Community: The Anglo-Indian community began to form during the British colonial rule in India, primarily as a result of relationships between British men and Indian women. This community developed a distinct identity, blending British and Indian cultures.
Representation in Governance: During the British Raj, the Anglo-Indians were often seen as a bridge between the British and Indian communities. However, they did not have formal political representation until the Government of India Act of 1919, which provided for limited self-governance and included provisions for the representation of various communities, including Anglo-Indians.
Post-Independence Developments
Constitutional Provisions: After India gained independence in 1947, the framers of the Indian Constitution recognized the need to provide political representation for the Anglo-Indian community. Article 331 of the Constitution allowed the President of India to nominate two members of the Anglo-Indian community to the Lok Sabha (House of the People), while Article 333 provided for the nomination of two Anglo-Indians to the State Legislative Assemblies.
Rationale for Reservation: The reservation was intended to ensure that the Anglo-Indian community, which was a minority and had faced challenges in terms of representation and social integration, had a voice in the legislative process.
Changes Over Time
Declining Population: Over the decades, the population of Anglo-Indians has significantly declined due to various factors, including migration, intermarriage, and changing social dynamics. This decline raised questions about the continued need for political representation.
Debates on Reservation: The reservation for Anglo-Indians became a topic of debate in Indian politics. Some argued that the community was adequately represented and that the provision was no longer necessary, while others felt that it was essential to maintain their political voice.
104th Amendment: In January 2020, the 104th Amendment to the Indian Constitution was enacted, which abolished the provision for the nomination of Anglo-Indians to the Lok Sabha and State Legislative Assemblies. This amendment extended the reservation for Scheduled Castes (SCs) and Scheduled Tribes (STs) but removed the special representation for Anglo-Indians, citing the community’s declining population and changing circumstances.
The Need for the 104th Amendment Act and Impact
The 104 amendment of Indian Constitution, enacted in January 2020, was significant for several reasons. It primarily dealt with the reservation of seats for Scheduled Castes (SCs) and Scheduled Tribes (STs) in the Lok Sabha and State Legislative Assemblies, extending these reservations for another ten years until January 25, 2030. Additionally, it abolished the provision for the nomination of Anglo-Indians to these legislative bodies. Here’s an overview of the need for the 104 amendment of Indian Constitution and its impact:
Need for the 104 Amendment of Indian Constitution
Extension of Reservations for SCs and STs: The primary need for the 104 amendment of Indian Constitution was to continue the political representation of SCs and STs, who have historically faced discrimination and marginalization. The existing provisions for their reservation were set to expire on January 25, 2020, and the amendment aimed to ensure their continued representation in the legislative process.
Changing Demographics: The Anglo-Indian community, which had been granted special representation, had seen a significant decline in its population over the years due to factors such as migration, intermarriage, and changing social dynamics. This decline raised questions about the necessity of continued political representation for the community, leading to the 104 amendment of Indian Constitution.
Social Justice and Equity: The 104 amendment of Indian Constitution was part of a broader commitment to social justice and equity, ensuring that historically marginalized communities continued to have a voice in governance. The extension of reservations for SCs and STs was seen as essential for promoting their rights and interests.
Political Consensus: The 104 amendment of Indian Constitution was also a response to the political consensus that had developed around the need to address the changing realities of representation in India. Many political parties recognized the need to focus on communities that required continued support and representation.
Impact of the 104 Amendment of Indian Constitution
Continued Representation for SCs and STs: The extension of reservations for SCs and STs until 2030 ensured that these communities would continue to have a political voice in the Lok Sabha and State Assemblies, which is crucial for addressing their socio-economic issues.
Abolition of Anglo-Indian Nominations: The removal of the provision for the nomination of Anglo-Indians marked a significant change in the political landscape for this community. It reflected the recognition that the community’s population had declined and that they were adequately represented in other ways, as highlighted by the 104 amendment of Indian Constitution.
Reactions from the Anglo-Indian Community: The abolition of nominations was met with mixed reactions. Some members of the Anglo-Indian community expressed concern about losing their political representation, while others acknowledged the need for the change given the demographic realities surrounding the 104 amendment of Indian Constitution.
Focus on Other Marginalized Communities: The 104 amendment of Indian Constitution shifted the focus of political representation towards other marginalized communities, particularly those that continue to face systemic discrimination and socio-economic challenges.
Legal and Political Discourse: The 104 amendment of Indian Constitution has contributed to ongoing discussions about representation, affirmative action, and social justice in India. It has prompted debates about the effectiveness of reservation policies and the need for inclusive governance.
Public Opinion and Criticism of 104 Constitutional Amendment Bill
1. Criticism of the 104th Amendment:
The amendment faced criticism for not extending reservations to Anglo-Indians, unlike Scheduled Castes and Scheduled Tribes.
Object and reason statements for the amendment justified SCs and STs’ reservations but lacked an explanation for excluding Anglo-Indians.
Parliamentarians relied on 2011 Census data for Anglo-Indians rather than the 2013 Ministry of Minority Affairs Report, unlike for SCs and STs.
2. Impact on the Anglo-Indian Community:
The 104th Constitutional Amendment Act questioned the existence of the Anglo-Indian community.
The repeal of Anglo-Indian representation was perceived as silencing a minority without community consultation or adequate explanation in the Object and Reason statement.
104 Amendment of Indian Constitution – Impacts on Society
Abolished Anglo-Indian Reservation: Ended the reservation of two Lok Sabha seats for the Anglo-Indian community1.
Extended SC/ST Reservations: Extended the reservation for Scheduled Castes (SC) and Scheduled Tribes (ST) in the Lok Sabha and State Legislative Assemblies for another ten years2.
Promoted Social Equity: Aimed to create a more unified society by moving away from community-based separations1.
Reflected Population Changes: Addressed the significant decrease in the Anglo-Indian population, which was just 296 as per the 2011 census2.
Modernized Political Landscape: Marked a step towards modernizing India’s political system, ensuring
104th Constitutional Amendment Act Features
The 104th Constitutional Amendment Act of 2020 extends SCs/STs seat reservations in the Lok Sabha and State Assemblies until 2030 while abolishing the Anglo-Indian reserved seats. It also amends Article 334 to reflect these changes.
Extension of SC/ST Reservation: The amendment extends the reservation of seats for SCs and STs in the Lok Sabha and State Legislative Assemblies for another ten years, until 2030.
Abolition of the Anglo-Indian Reservation: The amendment removed the provision for the Anglo-Indian community to be represented by two seats in the Lok Sabha and one in the State Legislative Assemblies. This provision was initially enacted to ensure the representation of this small community.
Article 334 Amendment: Article 334, which initially provided for the reservation of seats for SCs, STs, and Anglo-Indians in Parliament and State Assemblies, was also amended to reflect the abolition of the Anglo-Indian reservation while retaining the SCs/STs reservation.
104 Amendment of Indian Constitution UPSC
The 104th Constitutional Amendment Act is significant for current affairs in the UPSC Polity section.
Study using NCERT books as a foundation, then move to standard texts like DD Basu’s Introduction To The Constitution of India and M. Laxmikant’s Indian Polity.
Download the 104th Amendment UPSC notes PDF for both Mains and Prelims exams.
Thorough preparation of the material is essential to ace the test.
Rehearse previous years’ questions to understand the test format and create a study plan.
A thorough understanding is necessary for critical analysis of the topic.
Conclusion
The 104th Amendment of the Indian Constitution, enacted on January 25, 2020, is a landmark piece of legislation that continues the country’s journey toward social equality and justice. This amendment ensures that marginalized communities, particularly Scheduled Castes (SCs), Scheduled Tribes (STs), and Other Backward Classes (OBCs), retain their rightful place in government services and promotions. While the amendment has been welcomed by many, it also raises important discussions about the future of reservation policies and their role in India’s constitutional framework, particularly in light of the 104 amendment of Indian constitution date and its implications for social justice.
FAQs 104 Amendment of Indian Constitution
Q1.What is the Article 104 of the Constitution?
An Act of Parliament inserted the 104th Amendment to the Indian Constitution in 2019. It altered the provisions included in the 331st Article of the Constitution of India.
Q2.What is the 105 Amendment Act?
The 105th Amendment Act, 2021, restored state governments’ authority to identify socially and educationally backward classes (SEBCs). It clarified that states could maintain their own SEBC lists, distinct from the central list, ensuring affirmative action at the state level.
Q3. Is the Anglo-Indian reservation removed in Lok Sabha?
The reserved seats were supposed to be eliminated by the 1960s, but they were kept in place by succeeding administrations and were eventually removed in 2020.
Q4. What is the 106th Amendment of the Constitution?
The 106th Amendment Act, 2023, reserves one-third of seats for women in the Lok Sabha, state legislative assemblies, and Delhi’s Legislative Assembly. Effective post-census, it lasts 15 years, with extensions possible. It aims to boost women’s political representation.
Q5.What is the 107th Amendment of the Indian Constitution?
The 107th Amendment extended the reservation of seats for Scheduled Castes (SCs) and Scheduled Tribes (STs) in the Lok Sabha and State Legislative Assemblies by 10 years.
Q6.What is the 108th amendment of the Indian Constitution?
The 108th Amendment Bill, also known as the Women’s Reservation Bill, proposed reserving one-third of seats for women in the Lok Sabha and state assemblies. Passed by Rajya Sabha in 2010, it lapsed after the 15th Lok Sabha’s dissolution.
Q7. What is the amendment 118?
The 118th Amendment to the Indian Constitution aimed to include the Karnataka Scheduled Castes and Scheduled Tribes Development Corporation under the purview of Article 371J. This amendment sought to enhance the development and welfare of marginalized communities in Karnataka.
Amay Mathur is a business news reporter at Chegg.com. He previously worked for PCMag, Business Insider, The Messenger, and ZDNET as a reporter and copyeditor. His areas of coverage encompass tech, business, strategy, finance, and even space. He is a Columbia University graduate.
