The 105th Amendment of the Indian Constitution marks a critical turning point in India’s commitment to social justice and federalism. Enacted in 2021,

105th Constitutional Amendment Act, 2021

The 105th Amendment of the Indian Constitution marks a critical turning point in India’s commitment to social justice and federalism. Enacted in 2021, this Constitutional amendment restores the power of state governments to independently identify and manage Other Backward Classes (OBCs) for reservations in state-specific jobs and educational institutions. 

It was introduced in response to a Supreme Court ruling that limited states' authority over OBC classification, creating a central control over the reservation lists. By amending Articles 338B, 342A, and 366, the 105th Amendment reaffirms the importance of local governance, allowing states to address their unique social and economic challenges more effectively.

This legislative change is vital because it strengthens the federal structure, empowering states to recognize disadvantaged communities that may not be adequately represented in the central OBC list. 

The 105th Amendment ultimately highlights India's commitment to social equity and inclusive development, ensuring representation for diverse communities across the nation.

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Introduction: Why the 105th Amendment Became a Crucial Turning Point in India’s Reservation System

The 105th Constitutional Amendment Act, 2021 is one of the most impactful amendments passed in recent years because it deals with the sensitive, complex, and socially significant issue of reservation for Other Backward Classes (OBCs). While many amendments focus on structural governance, taxes, or linguistic identity, the 105th Amendment speaks directly to India’s long-standing struggle for social justice. It restores the power of State Governments to identify their own OBCs, also known as State OBC lists, and makes it clear that both the Centre and the States have separate and independent authority over OBC classification.

This amendment became necessary because of a Supreme Court judgment related to the 102nd Constitutional Amendment, which unintentionally created confusion about whether States still had the power to maintain OBC lists. Overnight, a simple interpretation threatened to shift a major constitutional responsibility away from the States and centralize it entirely within the Union Government. This was never the original intent, and it created immense concern among State Governments and communities who feared losing representation and reservation benefits.

The 105th Amendment thus acted like a constitutional correction. It reaffirmed what had always been understood since independence — that States have the power to identify socially and educationally backward communities within their boundaries. Without this amendment, many States would have faced legal barriers in maintaining their reservation systems. The amendment therefore preserves federal balance, protects social justice mechanisms, and settles the legal confusion created by the earlier amendment.

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Background: How the 102nd Amendment Triggered Confusion Leading to the 105th Amendment

To understand why the 105th Amendment was passed, one must look at what happened after the 102nd Constitutional Amendment Act, 2018.

The 102nd Amendment created:

The National Commission for Backward Classes (NCBC) as a constitutional body
A definition of “Socially and Educationally Backward Classes” (SEBCs) in Article 342A
A process for the President to notify lists of SEBCs for the whole country

While its goal was to strengthen OBC representation, one part of it — Article 342A — created confusion. Article 342A said that the President would notify the list of SEBCs for the purposes of the Central Government. It also said that only Parliament could change this list.

This raised a question:

Did States lose their separate powers to create their own OBC lists?

For decades, both Centre and States kept their own lists.
But after 102nd Amendment, the Supreme Court interpreted Article 342A differently.

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The Supreme Court Judgment That Made the 105th Amendment Necessary

In May 2021, during the Maratha Reservation case, the Supreme Court ruled that:

Only the President can identify OBCs, and States cannot maintain their own independent OBC lists.

This interpretation shocked State Governments because it meant:

State OBC lists would be replaced
States would lose power over reservation for their own populations
Almost 671 communities across India would lose reservation until Parliament updated their status

Social justice policies in Tamil Nadu, Maharashtra, Karnataka, Bihar, Uttar Pradesh, Rajasthan, and many other states would be affected.

The ruling created panic because States understood their own populations better than the Centre. Each region has unique castes, communities, and local backward groups.

Suddenly, a simple interpretation created a constitutional crisis.

Immediately, there was widespread demand for clarifying the law.

The Government of India introduced the 105th Amendment to restore States’ powers.

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What the 105th Amendment Was Designed to Do

The amendment had one clear goal:

To restore States’ authority to identify and list OBCs.

It clarified four essential points:

1. The State Government has the power to identify “Socially and Educationally Backward Classes” for State purposes.

2. The Central OBC list and State OBC list are separate and independent.

3. Parliament can modify the Central list, but States can modify the State list.

4. Article 342A applies only to the Central list, not to State lists.

Thus, the amendment simply restored the federal balance that existed before the confusion began.

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What the 105th Amendment Actually Changes in the Constitution

The amendment modifies three key articles:

1. Article 338B (NCBC powers)

It clarifies that the NCBC relates to the Central list, not State lists.

2. Article 342A (SEBC identification)

It adds the phrase that States have the power to identify SEBCs for their own purposes.

3. Article 366 (Definitions)

It inserts a definition to specify that “SEBC” includes State-level backward classes identified by State law.

Together, these amendments legally protect both lists — Central and State — ensuring they coexist without conflict.

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Why the Amendment Is Important for Federalism

India follows a cooperative federal structure. Subjects like education, employment, and social welfare deeply involve both Centre and States. Reservation for OBCs is implemented primarily at the State level.

If States lost the power to identify backward classes:

Their autonomy would weaken
Their understanding of local realities would be ignored
Social justice policies would become centralized
Regional diversity would be undermined

The 105th Amendment therefore protects federalism by ensuring States remain active partners in deciding welfare policies.

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Why the Amendment Is Crucial for Social Justice

Reservations exist to correct historical injustice.
Without State lists:

Millions could lose access to government jobs
Students could lose reservation in State educational institutions
Local communities could lose recognition of backwardness
Regional backward groups could be left out of welfare schemes

Thus, the amendment ensured nobody lost benefits due to a legal technicality.

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How the Amendment Protects State OBC Quotas

States run:

OBC reservation in government jobs
OBC reservation in State colleges and universities
State scholarship schemes
Local welfare programs

All these depend on the State OBC list.

If the Supreme Court interpretation had remained unchanged, States would have been unable to:

Add new communities
Remove old ones
Revise quotas
Respond to local needs

The 105th Amendment restored these powers fully.

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Political Consensus: A Rare Moment of Unity in Parliament

One remarkable aspect of the 105th Amendment was that all major political parties supported it. It passed unanimously in both Houses of Parliament. This showed the importance of social justice in India’s political culture.

Parties agreed that:

State autonomy must be protected
Reservation policies must continue
OBC representation must be safeguarded

In modern politics, such unanimous agreement is rare, which shows how crucial this amendment was.

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Why the Amendment Was Urgently Passed

The amendment was fast-tracked because:

The Supreme Court judgment had immediate effects
States were losing their powers instantly
Communities feared losing reservation
Upcoming recruitments and admissions needed clarity

The Government and Parliament acted quickly to prevent confusion and ensure stability.

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Impact on State Governments After the Amendment

After the amendment:

States got back full control over:

Identifying backward classes
Maintaining their OBC lists
Creating sub-categories
Designing welfare schemes

It empowered States to respond to regional needs without waiting for Parliament.

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Impact on OBC Communities

The amendment protected millions of citizens who depend on reservation for:

Admission to universities
Scholarships
Government employment
Social welfare schemes

Without the amendment, communities would have suffered large-scale exclusion.

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Impact on Centre–State Relations

The amendment reinforced cooperative federalism.
It made clear that:

The Centre manages the Central list
States manage State lists

This prevents overlap and conflict.

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The Amendment’s Role in Strengthening Reservation Policy

The amendment ensures:

Social justice remains flexible
Reservation remains dynamic
Backward communities are not frozen in time
States can update categories as society evolves

Thus, reservation becomes more meaningful and relevant.

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Long-Term Importance of the 105th Amendment

The amendment will shape social welfare for decades because:

States often discover new backward communities
Demands for reclassification arise frequently
Population patterns change
Economic changes create new inequalities

The amendment ensures States can respond to all of this without dependence on the Centre.

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Conclusion

The 105th Constitutional Amendment Act, 2021 is more than a legal correction — it is a reaffirmation of India’s commitment to social justice, federalism, and constitutional clarity. By restoring States’ authority to identify OBCs, it ensures that millions of people continue receiving the benefits they rely on. It strengthens federal harmony, protects diversity, and stabilizes reservation policy.

The amendment proves that when confusion arises, India’s democratic institutions — Parliament, States, and society — can come together to protect fairness and equality. It ensures that the story of social justice, written over decades, continues without interruption.