The 105 Amendment of Indian Constitution: Empowering States in OBC Identification

What is the 105 Amendment of Indian Constitution?

The Constitution (One Hundred and Fifth Amendments) Act, popularly known as the 105 Amendment of 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 Indian Constitution into law. The Bill seeks to restore state governments’ authority to identify OBCs who are socially and educationally backward.

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.

105 Amendment of 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 105 Amendment of Indian Constitution – 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 105 Amendment of 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 105 Amendment of 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 Indian Constitution

In 2021, the 105 Amendment of 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 105 Amendment of 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.

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 Indian Constitution

The 105 Amendment of 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 105 Amendment of Indian Constitution .
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 105 Amendment of 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 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
• 44th amendment of Indian constitution
• 73rd amendment of Indian constitution

Importance of 105th Constitutional Amendment Act, 2021

1. Restoration of Federal Balance

• The 105th Amendment restores the power of states to identify their own OBCs, which was previously centralized. This empowers state governments to make decisions based on regional socio-economic conditions, strengthening the federal structure of India.

2. Empowering States to Address Regional Backwardness

• States can now accurately identify and address backwardness within their borders. This ensures that welfare policies and reservations are tailored to meet the specific needs of OBCs in each region, making them more relevant and effective.

3. Ensuring Greater Social Justice

• By allowing states to determine their own OBC lists, the 105th Amendment ensures that social justice is better served at the local level, ensuring no deserving community is left out of affirmative action policies.

4. Increased Representation in Government Programs

• The amendment ensures OBC communities are more accurately represented in government schemes and reservation policies, facilitating better access to education and employment opportunities.

5. Improved Access to Reservation and Welfare Schemes

• States now have the authority to offer reservation in education, employment, and political representation to OBCs based on their specific needs, ensuring better support and welfare for backward communities.

6. Promoting Equity and Inclusivity

• The amendment fosters a more inclusive society by promoting equity, allowing states to identify backward communities accurately and ensure they benefit from targeted welfare programs that address regional disparities.

7. Political Significance

• The 105th Amendment empowers states politically, especially in regions where OBC populations are significant. This decentralization enhances the role of local governments and provides them with more control over policies aimed at benefiting OBCs.

8. Legal and Constitutional Relevance

• The 105th Amendment aligns with the 2020 Supreme Court ruling, which clarified that the power to identify OBCs should rest with states. This ensures the amendment’s legal validity and strengthens decentralized governance in India.

9. Addressing Gaps in the OBC System

• Prior to the amendment, many state-specific backward communities were left out of the central OBC list. The amendment allows states to include such communities, addressing disparities and gaps in the system.

10. Long-Term Impact on Social Reforms

• The amendment lays the groundwork for long-term social reforms by enabling states to craft more targeted policies that improve education, employment, and economic opportunities for OBC communities. This leads to better outcomes for social and economic development.

Constitutional Provisions for identification of OBCs

The Indian Constitution provides several provisions aimed at the identification and welfare of Other Backward Classes (OBCs). These provisions ensure social justice, equal opportunities, and affirmative action to uplift OBCs across the country.

1. Article 15(4) – Special Provisions for Backward Classes

• Article 15 prohibits discrimination based on caste, but Article 15(4) allows the state to make special provisions for the advancement of socially and educationally backward classes (SEBCs). This provision provides a legal foundation for the identification of OBCs and their inclusion in affirmative action policies such as reservations in educational institutions and government jobs.

2. Article 16(4) – Reservation in Public Employment

• Article 16(4) empowers the state to reserve positions in public employment for OBCs to ensure that they have access to government jobs and employment opportunities. The provision aims to correct historical injustices by facilitating the participation of backward classes in public services.

3. Article 46 – Welfare of Backward Classes

• Article 46 directs the state to promote the welfare of Scheduled Castes (SCs), Scheduled Tribes (STs), and OBCs. It emphasizes the importance of providing adequate opportunities for education and employment to improve their socio-economic status. The state is required to take steps to uplift these communities and reduce inequality.

4. The Mandal Commission (1980)

• The Mandal Commission, established in 1979, played a pivotal role in defining and identifying OBCs in India. The commission recommended that 27% of government jobs be reserved for OBCs based on social and educational backwardness. It categorized OBCs as those groups that were not covered by the SC and ST categories but were still economically and socially disadvantaged.
• The commission’s recommendations led to the first systematic identification of OBCs, laying the foundation for affirmative action policies targeting them.

5. National Commission for Backward Classes (NCBC)

• Article 338B of the Constitution, added by the 102nd Amendment in 2018, established the National Commission for Backward Classes (NCBC). The commission is tasked with investigating and making recommendations regarding the inclusion of communities in the OBC list.
• The NCBC plays a significant role in identifying OBCs at both the central and state levels. It examines the social and economic backwardness of communities and recommends their inclusion or exclusion from the OBC list based on a thorough assessment.

6. The 105th Constitutional Amendment (2021)

• The 105th Amendment of 2021 restored the power of states to identify OBCs, which had been transferred to the central government. This amendment ensured that states could independently compile their lists of OBCs and make region-specific decisions on reservations and welfare programs.
• It reinforced the autonomy of states in determining the needs of their backward communities, ensuring that affirmative action policies are more localized and relevant to specific socio-economic conditions.

7. Supreme Court Rulings

• The Supreme Court has made several important rulings regarding the identification of OBCs. In the Indra Sawhney Case (1992), the court upheld the 27% reservation for OBCs but introduced the concept of the “creamy layer,” excluding wealthier OBC members from benefiting from reservations.
• The court also clarified that reservations for OBCs should not exceed a total of 50% of the seats in educational institutions and jobs to maintain fairness for other communities.

8. Criteria for Identifying OBCs

• The identification of OBCs is typically based on social and educational backwardness. This includes factors like lack of access to quality education, low income, and social marginalization.
• The creamy layer concept, introduced by the Supreme Court, excludes affluent members of OBCs from benefiting from reservations. The creamy layer is defined based on income and other socio-economic criteria.

9. State-Specific Lists

• While the central government maintains a list of OBCs for central government jobs and educational institutions, individual states also maintain their own lists based on regional backwardness. This allows states to cater to the specific needs of local communities that might not be included in the central list.

10. Impact of Identification

• The identification of OBCs has had a significant impact on their social and economic upliftment. It has facilitated access to education, healthcare, employment, and political representation. However, the process of identification has been contentious, with some communities seeking inclusion in the OBC list and others opposing it.

105 Amendment of Indian Constitution UPSC 

The 105 Amendment of Indian Constitution is a crucial topic for the UPSC Current Affairs section. Enacted in 2021, it is the most recent constitutional amendment, making it highly relevant for both UPSC Prelims and Mains. Aspirants should rely on standard textbooks and NCERTs for a solid understanding.

The 105 Amendment of Indian Constitution restored the power of State Governments to identify Socially and Educationally Backward Classes (SEBCs), a role originally granted under the 102nd Amendment. However, in May 2021, the Supreme Court ruled that States lacked this authority, prompting widespread demand for its reinstatement. Responding swiftly, Parliament passed the 105 Amendment of Indian Constitution in just three days, with both the Lok Sabha and Rajya Sabha approving it in August 2021.

This amendment underscores the significance of federalism and social justice in India’s governance framework.

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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