The 104 Amendment of Indian Constitution: A Milestone

104 Amendment of Indian Constitution

The deadline for eliminating SC and ST seats in the House of Commons and State Legislatures has been extended from 70 to 80 years by the 104 Amendment of Indian Constitution. It eliminated the Lok Sabha and State Legislature seats set aside for the Anglo-Indian community.

The 104 Amendment to the Indian Constitution sought to modify Article 334 of the Constitution. The framers of the Indian Constitution recognized the necessity of reservations to ensure equitable representation and opportunities for socially disadvantaged groups in decision-making, administration, and education, among other areas. Reservation in India is a constitutional policy supported by several amendments.

What is the 104 Amendment of Indian Constitution?

• Reservations for Scheduled Castes (SC) and Scheduled Tribes (ST) in the Indian Parliament, state assemblies, and urban/rural organizations established by the Indian Constitution in 1950.
• Initially intended for ten years to ensure political participation of marginalized groups.
• Article 334 of the Indian Constitution provides reservations for Anglo-Indians, SCs, and STs since 1950.
• Reservations extended every decade through constitutional amendments; the last extension in 2010 was extended until 2030 by the 104 Amendment of Indian Constitution Act.
• 104th Constitutional Amendment Act abolished the nomination of Anglo-Indian community members by the President; and extended SCs and STs reservations in Lok Sabha and State Legislative Assemblies for another decade.

Subsequent to 104 amendments of Indian Constitution

Previous Constitutional Amendments leading to the 104th Amendment:

• Article 334 Reservations:
• Initially granted reservations to Anglo-Indian communities, Scheduled Castes, and Scheduled Tribes.
• Extensions made via constitutional amendments beyond the original 20-year limit.

Eighth Amendment, 1959:

• Extended reservation period to 26 January 1970.
• Included representation of Anglo-Indians in Lok Sabha and State Legislative Assemblies.

Twenty-Third Amendment, 1969:

• Extended reservations to 26 January 1980.
• Ended Scheduled Tribes’ reservation in Nagaland’s assemblies.
• Limited Governor’s nomination of Anglo-Indians.

Forty-Fifth Amendment, 1980:

• Extended reservations to 26 January 1990.

Sixty-Second Amendment, 1989:

• Extended reservations to 26 January 2000.

Seventy-Ninth Amendment, 1999:

• Extended reservations to 26 January 2010.

Ninety-Fifth Amendment, 2009:

• Extended reservations to 26 January 2020.

One Hundred and Fourth Amendment, 2019:

• Extended reservations to 25th January 2030.
• Ceased reservation of Anglo-Indian community members in Lok Sabha and State Legislative Assemblies.
• Effective from January 25, 2020.

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?

The term “Anglo-Indian” was officially recognized in the Government of India Act of 1935, a significant piece of legislation that played a role in defining various communities in British India. The Anglo-Indian community has its roots in the colonial period when the British East India Company, which ruled large parts of India, encouraged the practice of intermarriage between British officials and local Indian women. This led to the emergence of a unique mixed-race group with a blend of European and Indian ancestry. Over time, Anglo-Indians developed their own distinctive identity, marked by a fusion of British and Indian cultures, traditions, and languages.

The definition of an Anglo-Indian was formally outlined in Article 366(2) of the Indian Constitution, which states that an Anglo-Indian is a person of European descent through the male line, born in India to resident parents. This legal recognition underscores their specific cultural and historical background, which is deeply rooted in both the colonial legacy and the evolution of Indian society during British rule.

Despite being a small minority in contemporary India, the Anglo-Indian community has had a significant impact on Indian society, particularly in the fields of education, administration, and the military. The community is also known for its unique contribution to India’s culinary traditions, language, and cultural practices.

According to the 2011 Census, only 296 individuals identified as Anglo-Indians, reflecting the community’s shrinking numbers over time. However, their distinct identity and rich heritage remain an important part of India’s multicultural fabric, and they continue to contribute to the country’s diverse history and traditions. The Anglo-Indian experience is a reminder of India’s colonial past and the lasting effects of British rule on its social and cultural landscape.

History of Anglo-Indian Reservation

• Over the last 70 years, India recognized that the Anglo-Indian community, though progressing, remained deprived of certain rights.
• The reserved seats for the Anglo-Indian community can now benefit the broader population, enhancing representation equity.
• Union Law Minister Ravi Shankar Prasad noted the community’s population was just 296 as per the 2011 census, making the reservation unjust for others.
• The 104th Amendment of the Indian Constitution extended reservations under Article 334, guiding the nation in the right direction.
• The 2011 census showed an increase in the SC and ST communities, reflecting broader social progress.

The Need for the 104th Amendment Act and Impact

• The 104th Amendment abolished the reservation of two Lok Sabha seats for the Anglo-Indian community.
• Reflects India’s progress from colonial times to a modern superpower in science and technology.
• Aims to create a unified society, moving away from community-based separations.
• The Anglo-Indian community has advanced significantly and now numbers fewer than 500 people in a country of 140 crores.
• Seen as a step towards a homogenous society, shedding past divisions.
• The Anglo-Indian community is now fully integrated and proud to be part of India.
• Aligns with the vision of a future where society is not divided by caste or religion.

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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 marks a significant shift in India’s approach to community-based reservations. By abolishing the reservation of two Lok Sabha seats for the Anglo-Indian community, the amendment reflects India’s progress towards a more unified and homogenous society. This decision acknowledges the substantial advancements made by the Anglo-Indian community and their integration into the broader Indian society. It aligns with the vision of moving beyond historical divisions based on caste and religion, fostering a future where all citizens are treated equally. The amendment is a step towards modernizing India’s political landscape, ensuring that policies evolve with the changing demographics and needs of the nation.

References

1. https://en.wikipedia.org/wiki/List_of_amendments_of_the_Constitution_of_India
2. https://indianconstitution.guru/constitution-of-india/amendment-acts/amendment-104/

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