The 104th Amendment of the Indian Constitution
The Indian Constitution is not a fixed document. It changes with time to meet the needs of society. One of the most important features of the Constitution is the idea of reservation, which was introduced to help communities that were kept away from power and opportunities for a very long time. The 104th Constitutional Amendment Act, 2019 is related to this idea of political reservation in India.
When India became independent in 1950, the Constitution gave reservation of seats in Parliament and State Legislative Assemblies to Scheduled Castes (SCs), Scheduled Tribes (STs), and Anglo-Indians. This reservation was given only for ten years.
The Constitution makers believed that after some time, these communities would become equal in social and political life. But even after many years, SCs and STs continued to face discrimination and lack of representation.
Because of this, Parliament kept extending political reservation again and again. The last extension before the 104th Amendment was valid till January 2020. As this time limit came close, the government had to take an important decision. The result was the 104th Amendment.
Through this amendment, reservation for SCs and STs was extended for another ten years, that is, up to 2030. At the same time, the special nomination given to Anglo-Indians was ended, as the government felt that this community no longer needed such protection.
The 104th Amendment is important because it shows how the Constitution tries to balance social justice and democracy. It continues protection where it is still needed and removes it where it is considered no longer necessary.
| Key Aspect | Details |
|---|---|
| Amendment Name | Constitution (104th Amendment) Act, 2019 |
| Year of Enactment | 2019 |
| Article Amended | Article 334 |
| SC/ST Reservation | Extended in Lok Sabha & State Assemblies till 2030 |
| Anglo-Indian Reservation | Discontinued (nomination ended) |
| Type of Majority Required | Special Majority under Article 368 |
| State Ratification | Not Required |
| Main Objective | Continue SC/ST representation and uphold democratic principles |
Background of the 104th Constitutional Amendment Act
When the Indian Constitution came into force in 1950, the makers of the Constitution knew that some communities in India had suffered for a very long time because of caste discrimination and social exclusion.
To help such communities take part in the democratic system, the Constitution provided reservation of seats in Parliament and State Legislative Assemblies for Scheduled Castes (SCs), Scheduled Tribes (STs), and Anglo-Indians. However, this reservation was not meant to be permanent. It was given only for a temporary period of ten years, with the belief that equality would be achieved over time.
As years passed, it became clear that SCs and STs were still socially, economically, and politically backward. Because of this, Parliament kept extending the period of political reservation every ten years through different constitutional amendments.
The aim was to ensure that these communities continued to have a voice in law-making and governance. On the other hand, the Anglo-Indian community was given representation through nomination, not election, as it was considered a small minority after Independence.
The last extension before the 104th Amendment was made by the 95th Constitutional Amendment Act, 2009, which extended reservation for SCs, STs, and Anglo-Indians up to January 2020. As this deadline approached, the government had to decide whether to continue or discontinue these provisions.
The government observed that although SCs and STs still needed political protection, the Anglo-Indian population had reduced significantly and the community was no longer politically isolated. It was also felt that nomination of members without elections did not fully match democratic values.
To address this situation, the government introduced the 104th Constitutional Amendment Bill. The purpose was to extend reservation for SCs and STs for another ten years, while ending the special nomination provision for Anglo-Indians. This background finally led to the enactment of the Constitution (104th Amendment) Act, 2019.
Historical Background of Reservation
The idea of reservation in India has a long history and is closely connected with social inequality and caste discrimination. For many centuries, Indian society was divided on the basis of caste. Certain communities were denied basic rights like education, land ownership, and participation in public life. They were treated as inferior and forced to live on the margins of society. Because of this long period of injustice, these communities could not progress at the same level as others.
During the British period, the problem of social backwardness started getting official attention. The British government introduced some limited measures to give representation to backward and depressed classes.
Important steps were taken after the Poona Pact of 1932, where Dr. B.R. Ambedkar demanded political safeguards for the depressed classes. This agreement led to reserved seats for them in legislative bodies, though through joint electorates.
After Independence, the makers of the Indian Constitution fully recognised that legal equality alone was not enough. Dr. B.R. Ambedkar and other members of the Constituent Assembly believed that special protection was necessary to bring disadvantaged communities into the political mainstream. As a result, the Constitution provided reservation for Scheduled Castes and Scheduled Tribes in education, employment, and legislatures.
Political reservation was introduced to ensure that these communities had a voice in Parliament and State Assemblies. It was seen as a tool to protect their interests and prevent domination by socially powerful groups. However, the Constitution makers did not want reservation to be permanent. Therefore, a time limit of ten years was fixed, with the hope that social equality would be achieved within that period.
Over time, it became clear that social and economic inequalities still existed. Due to this reason, the period of reservation was extended again and again through constitutional amendments. Thus, reservation evolved as a corrective measure to address historical injustice and to promote equality, social justice, and inclusive democracy in India.
One Hundred and Fourth Constitutional Amendment, 2019
The One Hundred and Fourth Constitutional Amendment Act, 2019 is an important amendment of the Indian Constitution that deals with political reservation in legislative bodies. It was introduced at a time when the constitutional time limit for reservation of seats was about to expire. The amendment reflects the continued commitment of the Indian State towards social justice, while also recognising changes in social conditions over time.
Background of the Amendment
When the Constitution of India came into force in 1950, it provided reservation of seats in the Lok Sabha and State Legislative Assemblies for Scheduled Castes (SCs), Scheduled Tribes (STs), and Anglo-Indians. This reservation was given for a temporary period of ten years, with the expectation that these communities would become socially and politically equal within that time.
However, even after several decades, SCs and STs continued to face discrimination and lack of representation. Due to this reason, Parliament extended the period of political reservation again and again through various constitutional amendments. The 95th Constitutional Amendment Act, 2009 was the last such extension, which allowed reservation up to January 2020.
Need for the 104th Constitutional Amendment
As the deadline of January 2020 approached, the government had to decide whether to continue political reservation. After reviewing the social and political situation, it was felt that:
-
SCs and STs still required political protection and representation
-
Their social and economic conditions had not improved fully
-
Political reservation was still necessary for inclusive democracy
At the same time, it was observed that:
-
The population of the Anglo-Indian community had declined
-
The community was no longer politically isolated
-
Nomination without election did not fully align with democratic principles
Main Features of the 104th Amendment
The amendment introduced two major changes:
-
Extension of reservation for SCs and STs
Reservation of seats in the Lok Sabha and State Legislative Assemblies for SCs and STs was extended for another ten years, i.e., up to 2030. -
End of Anglo-Indian nomination
The special provision allowing nomination of Anglo-Indians to legislatures was discontinued.
The 104th Amendment mainly amended:
Article 334 of the Constitution, "This article earlier fixed the time limit for reservation for SCs, STs, and Anglo-Indians. After the amendment, the reference to Anglo-Indians was removed, while the time limit for SCs and STs was extended."
Since the amendment did not affect federal provisions, ratification by State Legislatures was not required.
The One Hundred and Fourth Constitutional Amendment Act, 2019 shows that the Indian Constitution is a living document. It balances the need to protect historically disadvantaged communities with the principles of democracy. By extending reservation for SCs and STs and ending Anglo-Indian nomination, the amendment aims to promote inclusive governance while adapting to present-day realities.
Procedure Followed for This Amendment
The Constitution (104th Amendment) Act, 2019 was passed by following the procedure laid down in Article 368 of the Indian Constitution, which deals with the power of Parliament to amend the Constitution. First, the Constitutional Amendment Bill was introduced in Parliament. The Bill was discussed in detail, and members debated the need to extend reservation for some communities and discontinue it for others.
After discussion, the Bill was passed by a special majority in both the Lok Sabha and the Rajya Sabha. This means that it was approved by a majority of the total membership of each House and by not less than two-thirds of the members present and voting. Once the Bill was passed by both Houses, it was sent to the President of India for assent. After receiving the President’s approval, the Bill became a Constitutional Amendment Act.
Since the amendment affected only Article 334, which deals with the time limit of political reservation, and did not change any federal provisions, ratification by State Legislatures was not required.
Changes Brought by This Amendment
The 104th Constitutional Amendment brought the following important changes:
-
It extended the reservation of seats for Scheduled Castes (SCs) and Scheduled Tribes (STs) in the Lok Sabha and State Legislative Assemblies for another ten years, that is, up to 2030.
-
It discontinued the special provision for nomination of Anglo-Indians to Parliament and State Assemblies.
-
It amended Article 334 of the Constitution by removing the reference to Anglo-Indians while continuing reservation for SCs and STs.
Reason / Purpose Behind the Amendment
The main purpose of the 104th Constitutional Amendment was to balance social justice with democratic values. Even after many decades of Independence, Scheduled Castes and Scheduled Tribes continue to face social, economic, and political disadvantages. Their representation in legislatures is still considered necessary to protect their interests and ensure inclusive decision-making.
At the same time, the government observed that the Anglo-Indian community had reduced in number and was no longer politically isolated. It was also felt that nomination without election does not fully fit with democratic principles, as democracy is based on representation through elections.
Therefore, the amendment aimed to continue political protection for SCs and STs, while ending a temporary provision for Anglo-Indians that was no longer considered necessary.
Who Are Anglo-Indians?
Anglo-Indians are a small minority community in India. They are people who have both Indian and European (mainly British) ancestry. During the British rule in India, many British men married Indian women, and their children came to be known as Anglo-Indians. Over time, this group developed its own distinct identity, culture, and lifestyle.
Anglo-Indians generally adopted English as their first language and followed Western customs in daily life, while still being closely connected to Indian society. Most members of the community lived in cities like Kolkata, Chennai, Mumbai, Bengaluru, and other railway and cantonment towns, as many Anglo-Indians worked in railways, postal services, education, and administrative jobs during the British period.
At the time of Independence in 1947, the Anglo-Indian community was anxious about its future. Since they were a small numerical minority, there was a fear that they might not get adequate political representation in independent India. Recognising this concern, the makers of the Indian Constitution provided special protection to Anglo-Indians.
The Constitution allowed the President of India to nominate two Anglo-Indian members to the Lok Sabha and the Governors to nominate one member to State Legislative Assemblies, if they felt that the community was not adequately represented. This provision was meant to safeguard the political interests of the community and to help them adjust to the new democratic system.
However, this reservation was considered temporary. Over time, the Anglo-Indian population reduced, and the community became socially and educationally more secure. As a result, the 104th Constitutional Amendment Act, 2019 ended the special nomination provision for Anglo-Indians in legislatures, while continuing protection for other disadvantaged communities.
Thus, Anglo-Indians are a historically important minority group in India that received constitutional protection during the early years of Independence to ensure fair political representation.
Who Are Scheduled Castes and Scheduled Tribes
Scheduled Castes (SCs) and Scheduled Tribes (STs) are groups of people in India who have faced long-term social, economic, and educational disadvantages. The Constitution of India recognises these communities and provides special protection to help them achieve equality and dignity.
Scheduled Castes are communities that were earlier treated as “untouchables” under the traditional caste system. For centuries, they were denied basic human rights such as access to education, temples, public wells, and respectable occupations.
They were forced to do menial and degrading work and were socially excluded from the rest of society. To correct this historical injustice, the Constitution lists these communities as Scheduled Castes under Article 341 and provides them safeguards like reservation in education, employment, and legislatures.
Scheduled Tribes are indigenous or tribal communities who mostly live in forests, hilly, and remote areas of the country. They have their own distinct culture, language, traditions, and social practices. Due to geographical isolation and lack of access to education and development, they remained backward for a long time. The Constitution recognises these communities as Scheduled Tribes under Article 342 and provides them special protection to preserve their identity and promote their development.
The purpose of recognising SCs and STs in the Constitution is not to give them privilege, but to ensure equality and social justice. Political reservation, educational opportunities, and employment benefits are meant to bring these communities into the mainstream of society. Through these constitutional safeguards, India aims to remove centuries of discrimination and build an inclusive and equal democratic system.
Constitutional Provisions Relating to Political Reservation
The Indian Constitution provides political reservation to ensure that historically disadvantaged communities get proper representation in law-making bodies. These provisions were included to protect the interests of Scheduled Castes (SCs) and Scheduled Tribes (STs), who were denied political participation for a long time due to social discrimination and backwardness.
The most important provision is Article 330, which provides for reservation of seats for Scheduled Castes and Scheduled Tribes in the Lok Sabha. Under this article, certain constituencies are reserved so that only candidates belonging to SCs or STs can contest elections from those seats. This ensures their presence in Parliament and gives them a voice at the national level.
Article 332 deals with reservation of seats for SCs and STs in State Legislative Assemblies. Just like in the Lok Sabha, seats are reserved in State Assemblies based on the population of SCs and STs in that particular State. This provision helps these communities participate in law-making at the State level.
Article 334 originally fixed the time limit for political reservation. When the Constitution came into force, reservation for SCs, STs, and Anglo-Indians was provided only for ten years. However, due to continued social inequality, this period has been extended several times through constitutional amendments. The latest extension, under the 104th Constitutional Amendment Act, 2019, continues reservation for SCs and STs till 2030.
Articles 341 and 342 empower the President of India to specify which communities shall be treated as Scheduled Castes and Scheduled Tribes. These lists are prepared in consultation with the Governors of States and can be changed only by Parliament. This ensures clarity and uniformity in identifying beneficiaries of political reservation.
Earlier, Articles 331 and 333 provided for the nomination of Anglo-Indians to the Lok Sabha and State Assemblies if they were not adequately represented. However, this provision was removed by the 104th Constitutional Amendment.
Previous Amendments Related to Political Reservation
When the Indian Constitution came into force in 1950, political reservation for Scheduled Castes (SCs), Scheduled Tribes (STs), and Anglo-Indians in the Lok Sabha and State Legislative Assemblies was provided only for a temporary period of ten years.
The Constitution makers believed that within this time, social equality would be achieved. However, this did not happen, and therefore the period of political reservation had to be extended again and again through constitutional amendments.
The Eighth Constitutional Amendment Act, 1959 was the first amendment related to political reservation. It extended the reservation of seats for SCs and STs and the nomination of Anglo-Indians for another ten years, that is, up to 1970. This extension was made because these communities were still socially and politically backward.
The Twenty-Third Constitutional Amendment Act, 1969 extended political reservation up to 1980. At the same time, it removed reservation for Scheduled Tribes in Nagaland, as it was felt that such reservation was not necessary in that State due to its special social conditions.
The Forty-Fifth Constitutional Amendment Act, 1980 further extended the period of reservation for SCs, STs, and Anglo-Indians up to 1990. This amendment again showed that the goal of equality had not yet been fully achieved.
The Sixty-Second Constitutional Amendment Act, 1989 continued political reservation till 2000. Even after forty years of Independence, the social and political position of SCs and STs still required constitutional protection.
The Seventy-Ninth Constitutional Amendment Act, 1999 extended the reservation period up to 2010. This amendment recognised that political participation of disadvantaged communities was still necessary for inclusive democracy.
The Ninety-Fifth Constitutional Amendment Act, 2009 was passed to extend political reservation till 2020. This was the last extension that included reservation for Anglo-Indians along with SCs and STs.
Finally, the One Hundred and Fourth Constitutional Amendment Act, 2019 extended reservation for SCs and STs till 2030 but discontinued the nomination of Anglo-Indians. Thus, over time, Parliament has repeatedly extended political reservation to protect the interests of disadvantaged communities, while also modifying provisions based on changing social realities.
Criticisms Against the 104th Amendment
Although the 104th Constitutional Amendment Act, 2019 was passed with wide support, it has also faced several criticisms from scholars, activists, and political thinkers. Many people believe that while the amendment tries to balance social justice and democracy, it also raises important concerns.
One major criticism is that the repeated extension of political reservation for SCs and STs shows failure to achieve real equality. The Constitution originally provided reservation for only ten years, but it has now been extended for several decades. Critics argue that this shows that political reservation alone has not been successful in removing social and economic inequalities, and more effective reforms are needed.
Another criticism is that the amendment does not provide a clear time-bound roadmap to end political reservation. Every extension pushes the deadline further without explaining when and how equality will be achieved. This creates uncertainty and makes reservation appear permanent rather than temporary.
The removal of Anglo-Indian reservation has also been criticised. Some believe that ending nomination may lead to political invisibility of a very small minority community. They argue that population decline alone should not be the only reason to withdraw constitutional protection, especially for a community with a unique historical background.
Critics also point out that the amendment focuses only on political reservation and ignores other important factors like education, employment, and social upliftment. Without strong policies in these areas, political representation may not bring real change to the lives of SCs and STs.
Lastly, some scholars argue that decisions related to reservation should be based on regular data and social assessment, not just political consensus. The amendment did not rely on fresh studies or reports to justify either the extension or the removal of reservation.
Conclusion
The Constitution (104th Amendment) Act, 2019 reflects India’s continued commitment to social justice and inclusive democracy. By extending SC/ST reservation and discontinuing Anglo-Indian nomination, it attempts to balance historical protection with evolving democratic values.
While the extension supports representation of marginalised communities, it also raises important questions about the future of reservation and the need for broader social reforms. The amendment once again proves that the Indian Constitution is a living document, adapting to changing social realities.
COMMENTS