126th Constitution Amendment Bill, Key Features, Need, Impact

The 126th Constitution Amendment Bill, 2019 was introduced to continue the system of reservation for Scheduled Castes (SCs) and Scheduled Tribes (STs) in the Lok Sabha and State Legislative Assemblies. These reservations were originally meant to last for 70 years after the Constitution came into force. Since this period was about to end in 2020, the Bill aimed to extend the reservation for another 10 years, up to 2030. The purpose of this extension is to ensure continued political representation and protection of these historically disadvantaged communities.

Need for the 126th Constitution Amendment Bill

• The time limit was about to end: Under Article 334 of the Constitution of India, reservation of seats for Scheduled Castes (SCs) and Scheduled Tribes (STs), along with nomination of Anglo-Indians, were originally intended to expire after 70 years from the commencement of the Constitution. This period was going to end on 25 January 2020, so a decision had to be made.
• Need to continue representation: These reservations were created to ensure that historically disadvantaged communities get a fair chance in political decision-making. Removing them suddenly could have reduced their voice in Parliament and State Assemblies.
• Progress has been made, but challenges still exist: Although SCs and STs have improved in many areas like education and employment, they still face social and economic inequalities. Because of this, complete equality has not yet been achieved.
• To protect the spirit of the Constitution: The makers of the Constitution wanted India to be inclusive and fair for all sections of society. Extending reservations helps in continuing that vision of justice and equality.
• Avoid sudden disruption in the system: If reservations had ended in 2020, it could have created political imbalance and affected representation in legislatures. The extension ensures stability and continuity.
• Support for inclusive democracy: A democracy works best when all groups are represented. Continuing reservations helps in making governance more participative and balanced.
• Extension for another 10 years: Keeping all these factors in mind, the Bill proposed to extend reservations for SCs and STs till 25 January 2030, giving more time to achieve real social equality.

Background of the 126th Constitution Amendment Bill

• Reservation was originally meant to be temporary: When the Constitution came into effect on 26 January 1950, the provision under Article 334 of the Constitution of India clearly stated that reservation of seats for SCs and STs, along with nomination of Anglo-Indians, would last only for 10 years. The idea was that within this time, these communities would catch up socially and politically.
• Ground reality showed slower progress: Over time, it became clear that although SCs and STs had made progress in areas like education, employment, and political participation, deep-rooted social inequalities and discrimination still existed. Their overall condition had not improved as much as the Constitution makers had hoped.
• Continuous need for support and protection: Due to ongoing challenges like poverty, lack of access to resources, and social exclusion, these communities still required special support to ensure fair representation in governance. Ending reservations too early could have reversed the gains made.
• Repeated extensions through amendments: Recognizing this reality, the government decided to extend the reservation period repeatedly, each time for another 10 years, through constitutional amendments. This showed a consistent policy approach of gradual progress rather than sudden withdrawal of support.
• Key amendments that extended the timeline: Over the decades, several amendments were passed to continue these provisions, including:
  • 8th Amendment (1959)
  • 23rd Amendment (1969)
  • 45th Amendment (1979)
  • 62nd Amendment (1989)
  • 79th Amendment (1999)
  • 95th Amendment (2009)
  • These ensured that the system remained in place as long as it was needed.
• Extension by the 95th Amendment: The Constitution (Ninety-fifth Amendment) Act, 2009 extended the reservation of seats for the Scheduled Castes (SCs) and Scheduled Tribes (STs), and the representation of Anglo-Indians in the Lok Sabha and State Legislative Assemblies for another ten years, i.e., up to 25 January 2020.
• Need for further extension before expiry: As the 2020 deadline approached, it was widely felt that removing reservations at that stage would be premature. Social and economic gaps still existed, and equal representation had not been fully achieved.
• Objective of 126th Amendment Bill: The Bill proposed to extend the reservation for another 10 years, thereby continuing reservations for SCs and STs till 25 January 2030. This was intended to provide more time for achieving real equality and inclusion.
• Different approach for Anglo-Indian representation: Unlike SCs and STs, the Bill did not extend the nomination of Anglo-Indian members. Their representation was allowed to end in 2020, reflecting a policy shift based on changing circumstances.
• Ensuring continuity and stability in democracy: Overall, the background of this amendment reflects a careful and gradual approach by the government to balance social justice with democratic stability, ensuring that no group is left behind in the political process.

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Passage of the 126th Constitution Amendment Bill

• Procedure defined by the Constitution: The process of passing a Constitutional Amendment Bill is given under Article 368 of the Constitution of India. It is more strict than passing an ordinary law to ensure careful decision-making.
• Three important conditions for approval
  • To become a valid law, the Bill had to meet these requirements:
  • At least 50% of the total members of the House must be present during voting (quorum).
  • It must get a special majority, meaning support from two-thirds of the members present and voting.
  • It must also be approved (ratified) by at least half of the State Legislatures, since it affects federal provisions.
• Passed by Parliament and States: The Bill was introduced and passed by both the Lok Sabha and the Rajya Sabha with unanimous support, showing strong political consensus. It was also approved by the required number of State Legislatures, ensuring its validity and reflecting widespread agreement across the country.
• Presidential Assent: After completing all required steps, the Bill was approved by the President, thereby officially becoming a law and ensuring the continuation of reservations for SCs and STs.
• After being passed by both Houses of Parliament and receiving Presidential assent, the 126th Constitutional Amendment Bill officially became the 104th Constitutional Amendment Act, 2020, thereby coming into force as a law.
• Significance of smooth passage: The quick and unanimous passage of this amendment highlights the importance given to social justice and representation in India’s democratic system.

Provisions Related to Anglo-Indians

•  Anglo-Indians: The term Anglo-Indian is defined under Article 366(2) of the Constitution of India. It refers to people born in India whose father or paternal ancestors were of European origin. This includes communities formed through British-Indian or other European-Indian connections.
• Historical background of representation: After independence, the Anglo-Indian community was small but socially and politically important. Leaders like Frank Anthony played a key role in ensuring that the community received special political representation in the Constitution.
• Nomination in Parliament (Article 331): Under Article 331 of the Constitution of India:
  • The President could nominate up to two Anglo-Indian members to the Lok Sabha.
  • This was done if the community was not adequately represented.
  • The decision was based on the advice of the Prime Minister, but the power was discretionary.
• Nomination in State Assemblies (Article 333): Under Article 333 of the Constitution of India:
  • The Governor could nominate one Anglo-Indian member to a State Legislative Assembly.
  • This was done if the community lacked proper representation at the state level.
  • Around 14 states had such provisions in practice.
• Change brought by the Amendment: The 126th Constitutional Amendment Bill, 2019, later enacted as the 104th Constitutional Amendment Act, removed (scrapped) the nomination of Anglo-Indians in both Parliament and State Assemblies.
• Reason for removing the provision
  • At the time of independence, the Anglo-Indian population was around 3 lakh.
  • By the 2011 Census, their number had reduced drastically (figures cited in debates were very low).
  • It was argued in Parliament that the community had made significant social and economic progress.
  • The view was that they had become well-integrated into mainstream society and no longer required special political representation.
• Shift in policy approach: This change reflects a shift from protective representation to normal democratic participation, suggesting that the community can now compete equally without special provisions.
• Overall significance: While reservations for SCs and STs were extended, the removal of Anglo-Indian nomination shows that constitutional provisions can evolve over time based on changing social realities and levels of development.