105th Amendment of the Indian Constitution

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

105th Amendment of the Indian Constitution (2021): Empowering States in OBC Reservation

The 105th Constitutional Amendment Act, passed on 10th August, 2021, is a landmark in India's socio-political landscape, aimed at restoring the powers of state governments to identify and manage Other Backward Classes (OBCs) for reservation purposes. 

This amendment came in response to a Supreme Court ruling in the Maratha Reservation case (2021) that effectively curtailed the power of states to independently list OBCs. 

The 105th Amendment reinstates state control, strengthening the federal structure of the Constitution and reinforcing social justice measures.

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Background of the 105th Amendment of the Indian Constitution

The 105th Constitutional Amendment of 2021 was introduced to address issues surrounding the identification and reservation of Other Backward Classes (OBCs) in India. 

The background of this amendment lies in the ongoing debate over the powers of state governments to recognize and list OBCs independently of the central government.

The 102nd Constitutional Amendment Act of 2018 gave constitutional status to the National Commission for Backward Classes (NCBC) and assigned the power to identify OBCs solely to the central government. 

This move led to a significant impact on states, restricting their ability to add communities to their OBC lists, a power they had previously exercised based on local socio-economic realities.

The situation escalated with the Maratha Reservation case in 2021, in which the Supreme Court ruled that only the central government could determine OBC reservations, stripping states of their authority to list OBCs. 

This decision created a strong response from various states, as it limited their ability to support marginalized communities in ways tailored to local needs.

To address these concerns and reaffirm the states' powers, the 105th Amendment was introduced. By modifying Articles 338B, 342A, and 366, this amendment clarified that states retain the right to maintain their OBC lists independently of the central list, ensuring that both the Union and states could contribute to India’s system of affirmative action in a way that respects regional diversity. 

The amendment is a significant step in empowering states and promoting social justice through a more decentralized approach to reservations.

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Key Features of the 105th Amendment

The 105th Constitutional Amendment Act, 2021, reaffirms the powers of Indian states to define and manage Other Backward Classes (OBCs) independently, enabling more localized reservation policies. Here are the key features:

1. Restoration of State Powers:

   • The amendment restores states’ authority to identify and maintain their own lists of OBCs. This ensures that states can independently recognize and support underprivileged communities without relying solely on the central OBC list.

2. Amendments to Key Articles:

   • The 105th Amendment modifies Article 342A to allow states and union territories to prepare their own OBC lists, separate from the central list.
   • It also revises Article 338B (related to the National Commission for Backward Classes, or NCBC) and Article 366 to clarify the powers of both central and state governments in OBC classification.

3. Dual System of OBC Lists:

   • This amendment allows for two separate lists of OBCs: a central list for appointments and admissions in central institutions and state-specific lists for state-run institutions. This approach reduces dependency on a single, nationwide list, facilitating a more responsive and regionally specific reservation system.

4. Strengthening Social Justice and Federalism:

   • By restoring the powers of states, the amendment supports India's federal structure, giving states greater autonomy to address social inequities at the local level and craft policies responsive to regional social and economic conditions.

The 105th Amendment represents a significant step toward empowering states to achieve social justice through tailored reservation policies and strengthen the federal character of India’s Constitution.

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Significance of the 105th Amendment of the Indian Constitution

The 105th Constitutional Amendment holds significant implications for India's social justice system, federalism, and reservation policies. Here’s why it is particularly important:

1. Strengthening Federalism:

   • By restoring states' authority to identify Other Backward Classes (OBCs), the amendment strengthens India’s federal structure. This allows states to manage their reservation policies based on regional social, economic, and cultural needs, promoting a decentralized governance model that acknowledges India's diversity.

2. Promoting Social Justice:

   • This amendment enhances social justice by empowering states to cater to local marginalized communities. It ensures that reservations for OBCs are more accurately aligned with state-specific realities, enabling better representation of disadvantaged groups in education, employment, and other areas.

3. Ensuring a Dual System for Reservation Lists:

   • By allowing both central and state OBC lists, the amendment establishes a dual system that provides more flexibility. States can independently address their unique socio-economic conditions, while the central government maintains a national OBC list for federal programs. This dual system reduces administrative conflicts, enabling smoother policy implementation.

4. Enhanced Representation for Local Communities:

   • Many communities that may be underrepresented in a central list can now be added to state OBC lists. This helps recognize and uplift smaller, region-specific communities that may not fit national criteria but still need affirmative action support at the local level.

5. Addressing Legal and Political Clarity:

   • The amendment clarifies and separates the powers of the state and central governments concerning OBC identification. This resolution helps prevent legal disputes, such as those seen in the Maratha Reservation case, and aligns the roles of both levels of government, improving overall policy clarity and effectiveness.

In essence, the 105th Amendment empowers states to play an active role in promoting social equity and reinforces India’s federal ethos, making the reservation system more inclusive and effective for varied local needs.

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Implications for States and Central OBC List

The 105th Amendment balances the powers of states and the central government regarding OBC lists:

• Central List of OBCs:

  • The Union government maintains the authority to create a centralized OBC list for positions in central institutions and public-sector jobs. This list remains binding for all Union territories and central institutions.

• State List of OBCs:

  • Each state can now have a distinct list of OBCs specific to that state’s demographics, independent of the central OBC list. This allows states to address the needs of disadvantaged communities within their unique socio-political landscapes.

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Impact of the 105th Amendment of the Indian Constitution on the Reservation Landscape

The 105th Amendment ensures the following for India’s reservation policies:

1. Decentralized Approach:

   • Decentralizing OBC reservation management makes it easier for states to make targeted policy decisions, directly benefiting local communities.

2. Consistency in Reservation Laws:

   • By demarcating state and central roles clearly, the amendment brings clarity and consistency to reservation policies, minimizing disputes or ambiguity regarding jurisdictional authority over OBC reservations.

3. Protection of Marginalized Communities:

   • States now have more freedom to add communities that need urgent representation in education and employment, ensuring that benefits reach underrepresented groups across diverse regions.

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Legislative Process and Adoption of the 105th Amendment

The amendment required the passage of a bill through both Houses of Parliament with a special majority. The bill gained bipartisan support, passing with overwhelming approval as leaders recognized the importance of balancing federalism with social justice needs.

The President’s assent on August 18, 2021, marked its formal incorporation into the Constitution, a move celebrated for restoring powers to the states and promoting a more tailored approach to social welfare.

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Historical Background of the 105th Amendment of the Indian Constitution

The 105th Amendment of the Indian Constitution has its roots in India’s long-standing efforts to ensure social justice and equality, especially for marginalized communities. To understand the historical background leading to this amendment, we need to examine key milestones in India’s policy on reservation and the role of Other Backward Classes (OBCs) in gaining representation in education and employment.

Pre-Independence Reservation Policies

Before India gained independence, certain regions and princely states had already introduced reservation policies for disadvantaged communities, especially in Madras (now Tamil Nadu) and Mysore. These policies aimed to uplift socially and educationally backward communities by providing them with opportunities in government jobs and education.

Post-Independence and the Indian Constitution

After independence, the framers of the Indian Constitution recognized the need for affirmative action to address the historical disadvantages faced by certain groups, including Scheduled Castes (SCs), Scheduled Tribes (STs), and Other Backward Classes (OBCs). Article 340 of the Constitution mandated the setting up of a commission to investigate the conditions of OBCs and recommend measures for their improvement.

The Mandal Commission (1979)

One of the most critical moments in the history of India’s reservation policy came with the establishment of the Mandal Commission in 1979. Led by B.P. Mandal, the commission was tasked with identifying the backward classes of India and recommending ways to provide them with greater access to public resources and opportunities.

The Mandal Commission’s report, submitted in 1980, recommended a 27% reservation for OBCs in government jobs and educational institutions. However, its implementation was delayed for over a decade due to political reasons.

Implementation of Mandal Commission Recommendations (1990)

In 1990, the V.P. Singh government finally implemented the recommendations of the Mandal Commission, sparking nationwide debates and protests. The decision to reserve 27% of government jobs for OBCs was a pivotal moment in India’s reservation history and further solidified the role of affirmative action in promoting social justice.

102nd Amendment (2018)

The 102nd Constitutional Amendment in 2018 marked a significant change in the reservation framework. It introduced Article 342A, which empowered the Central Government to identify and notify Socially and Educationally Backward Classes (SEBCs). 

The amendment also created the National Commission for Backward Classes (NCBC) as a constitutional body. However, this amendment led to confusion over the role of state governments in identifying backward classes.

Supreme Court Judgment in Maratha Reservation Case (2021)

In May 2021, the Supreme Court of India ruled in the Maratha reservation case (Indra Sawhney vs. Union of India) that state governments did not have the power to identify and notify SEBCs for reservation benefits. 

This judgment caused significant concern among state governments, as they had traditionally maintained their own lists of OBCs for local reservations. The ruling effectively transferred the power to identify OBCs to the Central Government, limiting states' ability to address regional needs.

Conclusion

The 105th Amendment of the Indian Constitution is the result of a long history of reservation policies aimed at uplifting disadvantaged communities in India. From the early efforts of regional governments to the Mandal Commission and subsequent legal battles, India’s journey towards social justice has been marked by evolving laws and constitutional amendments. The 105th Amendment restores a balance by ensuring that states can once again identify and address the needs of OBCs, furthering the goals of equality and representation