The 104th Amendment of the Indian Constitution

The 104th Amendment to the Indian Constitution, known officially as The Constitution (One Hundred and Fourth Amendment) Act, 2019, brought significant

The 104th Amendment of the Indian Constitution: Simplified Explanation

The 104th Amendment to the Indian Constitution, known officially as The Constitution (One Hundred and Fourth Amendment) Act, 2019, brought significant changes to the way certain reserved seats are handled in the Parliament and State Legislatures. 

This amendment, which came into effect on January 21, 2020, changed the rules regarding representation for two groups: the Anglo-Indian community and Scheduled Castes (SCs) and Scheduled Tribes (STs).

In this blog, we will break down what the 104th Amendment is, the purpose behind it, the changes it made, and what it means for the future of Indian democracy.

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What is the 104th Amendment?

The 104th Amendment was introduced to make changes to the Constitution regarding two main topics:

1. Reserved seats for Anglo-Indians in Parliament and State Legislatures.
2. Reserved seats for Scheduled Castes and Scheduled Tribes in Parliament and State Legislatures.

Since the Indian Constitution was first enacted, certain seats in Parliament and State Assemblies have been reserved for people from Scheduled Castes and Scheduled Tribes to ensure fair representation. Additionally, there was a special provision for nominating Anglo-Indians to these legislative bodies.

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Key Changes Brought by the 104th Amendment

Below are the simple explanation of the changes made by the 104th Amendment:

1. End of Reservation for Anglo-Indians:

   • The amendment removed the special provision that allowed the President to nominate two Anglo-Indian members to the Lok Sabha (House of the People) and one Anglo-Indian member to each State Legislative Assembly.
   • Article 331 and Article 333 of the Constitution had previously allowed these nominations, aiming to give representation to the small Anglo-Indian community. With the 104th Amendment, these articles no longer apply.

2. Continued Reservation for Scheduled Castes and Scheduled Tribes:

   • The amendment extended the reservation for Scheduled Castes (SCs) and Scheduled Tribes (STs) in the Lok Sabha and State Assemblies for another 10 years, until January 25, 2030.
   • Article 334 of the Constitution, which initially allowed reservations for SCs and STs for 10 years, had been previously extended several times. The 104th Amendment ensured that these reserved seats continue to exist, recognizing the need for continued representation of SCs and STs in legislative bodies.

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Purpose Behind the 104th Amendment of the Indian Constitution

The amendment was introduced to address changing social needs and align representation with the progress India has made as a democratic nation. Here’s the reasoning behind each of the changes:

1. Removing the Nomination of Anglo-Indians:

   • The government decided to end the nomination of Anglo-Indians in Parliament and State Assemblies because their population had decreased significantly over the years. It was felt that Anglo-Indians were integrated enough into the larger society and did not require separate representation in legislative bodies anymore.

2. Extending the Reservation for SCs and STs:

   • Although India has made strides towards equality, people from SC and ST communities still face disadvantages. By extending the reservation for SCs and STs in legislatures for another decade, the amendment aims to help these communities continue their progress and ensure their voices are represented in government.

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Background and History of the Amendment of the Indian Constitution

• The Constitution of India initially included a 10-year limit for reservation of seats for SCs, STs, and Anglo-Indians in the Lok Sabha and State Assemblies (Article 334).
• However, this 10-year limit has been extended multiple times in the past. Amendments over the years continued the reservation for SCs and STs because the need for representation remained relevant.
• For Anglo-Indians, though, their declining numbers and greater social integration led to the decision to end their reserved seats in Parliament and State Assemblies.

The 104th Amendment was introduced as a bill in Parliament in 2019 and received support from both houses, with the Lok Sabha passing it on December 10, 2019, and the Rajya Sabha on December 12, 2019. The President gave his assent, and the amendment became law on January 21, 2020.

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Significance of the 104th Amendment of the Indian Constitution

The 104th Amendment is an essential step in India’s democratic journey, showing how the Constitution can be adapted as society changes. Here’s why it’s significant:

1. Updating Representation Based on Social Changes:

   • The amendment reflects the government's approach to updating representation based on the current needs of society. Removing the nomination for Anglo-Indians is a step toward ensuring that representation is practical and serves communities that need it most.

2. Continuing Support for SCs and STs:

   • Extending the reservation for SCs and STs for another 10 years indicates a continued commitment to supporting these historically disadvantaged communities. It ensures they have a voice in the decision-making processes that impact their lives.

3. Balancing Tradition with Modern Needs:

   • The Constitution initially envisioned a 10-year limit on reservations, but the fact that it has been extended multiple times shows that India’s democracy remains flexible and willing to adapt to current realities, balancing tradition with contemporary needs.

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What Does the 104th Amendment Mean for the Future?

The 104th Amendment highlights that while India is moving toward inclusivity, there is a recognition that some communities still need support. It also suggests that the Constitution will continue to evolve with time, with amendments adjusting the way people are represented in government based on society’s changing needs.

For the future, it’s likely that Parliament will continue to assess the relevance of reservations and representation for various communities, adjusting as needed to support a fair and representative democracy.

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Conclusion

The 104th Amendment to the Indian Constitution made two significant changes in the representation structure: it ended the nomination of Anglo-Indians to Parliament and State Assemblies and extended the reservation for SCs and STs for another 10 years. These changes reflect a thoughtful approach to representation, ensuring that while the Constitution respects historical provisions, it also adapts to present-day realities.

By supporting SCs and STs and recognizing the integration of Anglo-Indians, the 104th Amendment continues India’s journey toward a fair and inclusive democracy. This amendment shows how India’s Constitution evolves with its society, aiming for a balanced, representative government that reflects the people’s voice.