Recent Amendments and

Legislations
CLAT and AILET PG 2023
The 105 Constitutional Amendment Act restored state governments’ power to prepare the Socially
and Educationally Backward Classes (SEBC) list. As per the Supreme Court, the 102 Constitutional
Amendment Act implied that the state governments did not have the authority to identify the SEBC.

105 Constitutional Amendment Act also stated that the National Commission for Backward Classes'
powers and responsibilities (consulted on all policy issues and honor) did not apply to the
independent State lists. It indicated that States do not require to consult the National Commission.
To restore this power, the 105 Constitutional Amendment Act was passed.
Need for the 105 Constitutional Amendment Act
Following are the reasons why there was a need for the 105 Constitutional Amendment Act. The Constitution has
given the Union and States the authority to mark the Socially and Educationally Backward Classes.

● However, when the 102 Constitutional Amendment Act giving constitutional status to the National
Commission for the Backward Class (NCBC) was passed, it was interpreted by the Supreme Court that the
102nd Amendment had taken away the States’ right to identify the SEBCs.
● This fact came to light when a month after the passing of the 102nd Amendment, the Maharashtra
government’s law granting the Marathas a Socially and Economically Backward Classes status was
challenged in the Supreme Court, and the Supreme Court, for the first time, held that 102nd Amendment had
taken away States’ powers to recognize SEBCs.
● The reason given by Justice S Ravindra Bhat is that the Parliament had added Article 342 A.
● With the combination of Article 366 and Article 338B, the States were now obliged to consult the NCBC and could not
declare SEBCs independently.
● If the 102nd Amendment had only inserted Article 338B, the power of identification of the Socially and Educationally
Backward Classes would have remained with the States.
● Hence, there was a requirement for modification in the 105 Constitutional Amendment Act.
Significance of the 105 Constitutional Amendment Act

The Bill aims to restore the power of State governments to recognize OBCs that are socially and educationally backward.

● The Union government has argued that the purpose of the 105 Constitutional Amendment Act is to create a Central List
that would be applied only to the Central Government and its institutions.
● It had nothing to do with the State Lists of backward classes or the State governments’ powers to declare a community
backward.
● The Bill will benefit around 671 OBC communities because if the state list got canceled, these number of OBC
communities would have lost access to reservations in appointments and academic institutions.
● This Bill furthers social empowerment.
● It also reflects our Government’s commitment to assuring dignity, opportunity, and justice to the marginalized sections.
The Corrective Course of the 105 Constitutional Amendment Act
The Union government tried to sort the matters out. It argued that the 102nd amendment act intended to enable the Union government to
identify SEBCs and would only apply to the Central government and the institutions governed by it.

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● It did nothing to remove the State governments’ power to label the SEBCs.
● All political parties favored restoring the States’ power as early as possible.
● There was unanimous demand to repeal the Supreme Court’s verdict.
● Hence, the 105 Constitutional Amendment Act was introduced in Parliament and passed unanimously in both houses.
● Not a single member voted against it in the Lok Sabha.
● Thus, the Parliament restored the provisions providing States with authority to identify SEBCs.
Impact of the 105 Constitutional Amendment Act
The 105 Constitutional Amendment Act resolved the issue by amending clauses 1 and 2 of Article 342A and introducing a new clause to
it, clause 3. It also modified Articles 366 and 338B.

● The act restored the State governments’ power to notify the Socially and Educationally Backward Classes.
● Arguments have been going on for and against the provision of constitutional reservation for years.
● Even after many years of independence, we, as a society, are still trying to ensure equal rights for our people and remove
prejudices and discrimination through reservation.
● The 105 Constitutional Amendment Act is one more attempt to create an equal society through federal equality.
● It has ensured that States get back their right to create a list of Socially and Educationally Backward groups without consulting the
NCBC
Question: The Constitution (Eighth Amendment) Act, 1960 states:

A) Article 31(2) of the Constitution was amended to provide state power of compulsory acquisition of private
property

B) Extension of reservations to SC and ST and Anglo Indians

C) Substituted entry 33 of Concurrent List of 7th Schedule

D) Act 92A was added to the Union List of Seventh Schedule

Answer: Option B
Question: Which Constitutional Article deals with 'Representation of the Anglo-Indian Community' with the House of
the People?

A) Article 334

B) Article 331

C) Article 332

D) Article 333

Answer: Option B
104 Constitutional Amendment Act ceased the reservation of seats for the Anglo-Indians in the Lok Sabha and State
Legislative Assemblies and extended the reservations for SCs and STs for up to ten years. The bill attempted to
amend the Constitution’s Article 334. The makers of the Indian Constitution had perceived a need for a reservation
system as the socially backward classes were not given their due share in the process of decision-making,
administration, education, etc. Reservation in India is a government policy, backed by the Indian Constitution
through various amendments.

The 104 Amendment of Indian Constitution extends the deadline for the abolition of the reservation of seats by 10
years in the Lok Sabha and State Legislative Assemblies for members of Scheduled Castes and Scheduled Tribes.
The reservation of seats for the SCs and STs was set to expire in 2020 as mandated by the 95th Amendment.
What is the 104th Constitutional Amendment Act?
The Scheduled Castes (SC) and Scheduled Tribes (ST) have seats reserved in the Indian Parliament, state assemblies, and urban and
rural-level organizations. The Indian Constitution established this system in 1950, with the intention of keeping it in place for the first ten
years in order to secure political participation by groups that were considered weak, marginalized, under-represented, and in need of
special protection.

● As per Article 334 of the Indian Constitution, Anglo-Indians, the Scheduled Castes and Scheduled Tribes have been provided with
reservations since 1950.
● Various amendments have been made to the Constitution to extend this reservation every 10 years. The last extension in 2010
was to expire on 26th January 2020 and was extended by the 104th Constitutional Amendment Act for a period of 10 years (till
2030).
● Through the 104th Constitutional Amendment Act, the practice of nominating two members of the Anglo-Indian
community by the President of India was abolished and the reservations for SCs and STs in the Lok Sabha and State
Legislative Assemblies were extended for up to ten years.
104 Amendment Act forReservations of Seats in the Parliament
 ● rticle 15(4) and Article 16(4) of the Indian Constitution allows the federal government and state governments to reserve seats in
government services for members of the SC and ST communities.
● Article 334 of the Indian Constitution provided exclusively for quota in legislatures to the Anglo-Indians and the SCs and STs.
● According to Article 330 of the Constitution of India and Section 3 of the Representation of the People Act of 1951, seats for
Scheduled Castes and Scheduled Tribes in the Lok Sabha are allocated based on the proportion of their population in the State.

In India, the Anglo-Indian group was the only one to have representatives in the Lok Sabha of the Indian Parliament. The idea for the
reservation of Anglo-Indians can be accredited to Frank Anthony, who was the president of the All-India Anglo-Indian Association. Article
331 and Article 333 of the Indian Constitution allowed for the nomination of two Anglo-Indians to the Lok Sabha and State Legislature
respectively, but that was done away with the 104th Constitutional Amendment Act.
Who are Anglo-Indians?
The term Anglo-Indian first appeared in the Government of India Act, 1935. The roots of the Anglo-Indian community in India can be
traced back to the British East India Company's policy of encouraging marriages between its officers and local women. Article 366(2) of
the Constitution defines who is an Anglo-Indian and states that - ‘An Anglo-Indian is a person whose father or any of whose other male
progenitors in the male line is or was of European descent, but who is or was born within the territory of India of parents who are usually
resident there and are not there for temporary purposes only.’

According to the 2011 Census, 296 people have declared themselves as Anglo-Indians.
What led to the 104th Constitutional Amendment Act?
Previous Constitutional Amendments that led to 104th Amendment of Indian Constitution are as follows. Under Article 334 of the Indian
Constitution, the Anglo-Indian community and the Scheduled Castes and Scheduled Tribes were granted reservations. The reservation
was meant to end 20 years after the Indian Constitution’s inception but was repeatedly extended by constitutional amendments over the
years.
The Eighth Amendment, 1959

This amendment changed Article 334 of the Indian Constitution. Officially known as The Constitution (Eighth Amendment) Act, 1959), the
Act extended the period of reservation of seats for Scheduled Castes and Scheduled Tribes, as well as the representation of
Anglo-Indians in the Lok Sabha and State Legislative Assemblies, for ten years, from 26 January 1960 to 26 January 1970.

The Twenty-Third Amendment, 1969

It again amended Article 334 of the Indian Constitution. Two basic amendments that were brought under this Constitutional Amendment
were:

● The 23rd Amendment extended the reservation of seats for Scheduled Castes and Scheduled Tribes, as well as Anglo-Indian
representation in the Lok Sabha and State Legislative Assemblies, for another ten years, until January 26, 1980.
 ● It ended the reservation of seats for Scheduled Tribes in Nagaland’s Lok Sabha and State Legislative Assembly and mandated that
the Governor could not designate more than one Anglo-Indian to any State Legislative Assembly.

The Forty-Fifth Amendment, 1980

The amendment amended Article 334 of the Indian Constitution, and extended the reservation for Scheduled Castes and Scheduled
Tribes, as well as Anglo-Indian for another ten years, up to 26 January 1990.

The Sixty-Second Amendment, 1989

The amendment amended Article 334 of the Indian Constitution, and extended the reservation for Scheduled Castes and Scheduled
Tribes, as well as Anglo-Indian for another ten years, up to 26 January 2000.
The Seventy-Ninth Amendment, 1999

The amendment amended Article 334 of the Indian Constitution, and extended the reservation for Scheduled Castes and Scheduled
Tribes, as well as Anglo-Indian for another ten years, up to 26 January 2010.

The Ninety-Fifth Amendment, 2009

This amendment extended the reservation for Scheduled Castes and Scheduled Tribes, as well as Anglo-Indian for another ten years, up
to 26 January 2020 by amending Article 334 of the Indian Constitution.
The One Hundred and Fourth Amendment, 2019

The One Hundred and Fourth Amendment extended by ten years the deadline for the cessation of reservation of seats in the Lok Sabha
and state legislative assemblies for members of Scheduled Castes and Scheduled Tribes till 25th January 2030. The 104th Constitutional
Amendment Act ceased the reservation of the members of the Anglo-Indian community to the Lok Sabha and State Legislative
assemblies.

The 104th Constitutional Amendment Act came into effect on January 25, 2020.

Need for the 104th Constitutional Amendment Act

The 104th Constitutional Amendment Act was introduced to the Lok Sabha by Ravi Shankar Prasad, Minister of Law and Justice. The
need for the 104th Constitutional Amendment Act was observed that even after 70 years of reservation, the socially backward sections
continue to be at a disadvantage. The amendment was sought in order to maintain the Constitution’s inclusive character as envisioned by
the founding fathers.
Criticism of the 104th Constitutional Amendment Act
One of the main criticisms that the 104 Amendment of the Indian Constitution faced was regarding the reservation. It was
argued that why the reservations for Anglo-Indians were not extended as it was done for the Scheduled Castes and Scheduled
Tribes.

● The statement of object and reason for the 104th Constitutional Amendment, 2019, justifies the extension of the SCs
and STs reservation but does not explain why the Anglo-Indian reservation was not extended.
● In the case of Anglo-Indians, the parliamentarians took the numerical numbers from the 2011 Census, rather than
taking into account the Ministry of Minority Affairs Report, 2013 on the Anglo-Indian Community. Whereas, for the SCs
and STs, the objective of the founding fathers of the Constitution was considered by parliamentarians.
The Anglo-Indian community is facing a tough time as their very existence is being
called into question through this Amendment Act. The repeal of the Anglo-Indian
representation through the 104th Constitutional Amendment Act without
consideration in the community and without any explanation being given in the
Statement of Object and Reason is a concept that obliterates the community and
thus silences the voices of a minority.
103 Constitutional Amendment Act, 2019
The 103 Constitutional Amendment Act brought in a 10% reservation for Economically
Weaker Sections (EWS) of society other than Backward Classes, Scheduled Castes, and
Scheduled Tribes for admission to central government and private educational institutions
and recruitment in central government jobs.

The 103 Constitutional Amendment Act also covers private unaided educational
institutions, except the minority educational institutions. Here, the economic backwardness
is to be decided based on family income.
Impact of 103 Constitutional Amendment Act, 2019
The 103 Constitutional Amendment Act modified Article 15 to allow the government to provide for the
progress of economically weaker sections.

● It also amended Article 16 to facilitate the reservation of economically weaker sections up to 10

percent of all posts.
● This reservation is additional to the existing cap of 50 percent reservation for the Scheduled
Castes, Scheduled Tribes, and the Other Backward Classes, thus resulting in about 60 percent
total reservation.
● The 103 amendments of the Indian Constitution will facilitate more seats in higher education
institutions like medical colleges, IIMs, IITs, NITs, etc.
● Reservation is provided under the 103 Constitutional Amendment Bill irrespective of religion and
caste.
Impact of 103 Constitutional Amendment Act, 2019
The 103 Constitutional Amendment Act modified Article 15 to allow the government to provide for the
progress of economically weaker sections.

● It also amended Article 16 to facilitate the reservation of economically weaker sections up to 10

percent of all posts.
● This reservation is additional to the existing cap of 50 percent reservation for the Scheduled
Castes, Scheduled Tribes, and the Other Backward Classes, thus resulting in about 60 percent
total reservation.
● The 103 amendments of the Indian Constitution will facilitate more seats in higher education
institutions like medical colleges, IIMs, IITs, NITs, etc.
● Reservation is provided under the 103 Constitutional Amendment Bill irrespective of religion and
caste.
Eligible Beneficiaries of the 103 Constitutional Amendment Bill
The eligibility criteria of the beneficiaries are as follows:

● Those with a family income of fewer than 8 lakhs annually or own agricultural land of fewer than
5 acres.
● Those who are not beneficiaries of any existing reservations.
● Those owning a house above 1,000 square feet or a plot of 100 yards.
● Those owning a residential plot less than 200 yards in a non-notified municipality area.
What was the Need for 103rd Constitutional Amendment Act?
The fundamental requirement of the 103 amendment of the Indian constitution was that upper caste students
could not obtain higher education and Government jobs due to insufficient family finances.

● The majority of upper caste citizens remained poor and faced hunger.
● The 103 constitutional amendments enabled poor citizens of upper castes to experience the same
benefit as OBC.
● The act eliminated the economic differences between extreme sections of the population.
● Reservation was meant to uplift various social groups by opting for methods such as scholarships,
coaching schemes, etc.
Salient Features of 103rd Constitutional Amendment Act
The main feature of the 103rd Constitutional Amendment Act is that it offers reservations in central
government jobs and admissions to Government institutions. Admissions are also applicable to private
educational institutions for higher classes.

● The act encourages the Government to protect the economic and educational interests of the weaker
sections of the community.
● 103rd amendment act decreased the economic inequalities and ensured equal distribution of major
resources among the people.
● This new amendment of the Indian Consitution gave weaker sections a 10% quota in government jobs,
and education reservation was irrespective of caste and religion.
Challenges Ahead for Constitution 103 Amendment Act 2019
Many think that the 103 Constitutional Amendment Bill goes against the basic principles of Indian democracy.

● They argue that reservation can not be available based on economic backwardness alone and must arise from social
exclusion.
● Also, the Supreme Court has capped the reservations at a maximum of 50 percent, and that limit can not be exceeded.
● As a result, within hours of clearing the Constitution 103 Amendment Act 2019 by the Parliament, a non-governmental
organization Youth For Equality, challenged it in the Supreme Court by filing public interest litigation.
● They argued that with the 103 Constitutional Amendment Act coming into force, the total reservation quota would go up to
59.5%, which is against the Supreme Court ruling. Furthermore, it violates the fundamental principle of equality.
● Another challenge that the act faces is deciding the economic backwardness criteria.
● Many experts opine that the income threshold prescribed is very high and has been fixed without obtaining or considering
any report.
Role of States in the 103 Constitutional Amendment Act
Since this is a central law on employment and education, employment and education are the subjects on which states and the
central government both have jurisdiction.

● The state governments should validate the Constitution 103 amendment act 2019 before adopting it in the respective
states.
● With continued arguments over the need for legislation like the 103 Constitutional Amendment Act, authorities should
ponder over alternative ways to facilitate the progress of economically weaker strata of the society.
● Creating job opportunities, providing good educational infrastructure, and offering scholarships can be some of the
strategies to address economic inequality.