105th Constitutional Amendment Act, Important Dates, Significance

The 105th Constitutional Amendment Act, 2021 officially titled the Constitution (One Hundred and Fifth Amendment) Act restored the authority of State governments to identify Socially and Educationally Backward Classes (SEBCs), including Other Backward Classes (OBCs). This amendment was introduced in response to a Supreme Court ruling in 2021, which interpreted the 102nd Amendment as having taken away this power from the States. To address the issue promptly, the amendment was passed by both Houses of Parliament and received Presidential assent on August 18, 2021.

105th Constitutional Amendment Act

The Constitution (One Hundred and Fifth Amendment) Act, 2021 reaffirmed the authority of state governments to identify and notify Socially and Educationally Backward Classes (SEBCs), which include communities such as Other Backward Classes (OBCs). This amendment clarified the state’s power to prepare and maintain their own list of SEBCs, following concerns raised after a Supreme Court judgment. It was enacted after receiving the assent of the President of India on August 18, 2021. As of September 28, 2023, the Indian Constitution has undergone a total of 106 amendments since it came into effect in 1950.

105 Constitutional Amendment Act

The 105th Constitutional Amendment Act, 2021 is the most recent amendment to the Indian Constitution. Its purpose is to restore the power of state governments to identify and list Other Backward Classes (OBCs) who are socially and educationally backward.

This amendment modifies clauses (1) and (2) of Article 342A and introduces a new clause (3). It also amends Articles 366(26C) and 338B. The key takeaway is that states retain the authority to maintain their own OBC lists.

The 102nd Amendment had created a Central List of OBCs controlled solely by the Centre, without affecting the state’s powers. However, confusion over its interpretation raised concerns that states might lose the right to identify backward communities.

It ensures that around 671 OBC communities can continue to access reservation benefits in state-run education and employment benefits they might have lost if the state lists were invalidated.

Also Check: 103rd Constitutional Amendment Act

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Prime Reasons for Latest Amendment of the Indian Constitution (105th)

The 105th Constitutional Amendment Act was enacted to restore the authority of states and Union Territories to maintain their own lists of Other Backward Classes (OBCs). Under Articles 15(4), 15(5), and 16(4) of the Indian Constitution, states are empowered to identify and declare socially and educationally backward classes. In practice, both the Centre and individual states maintain separate OBC lists. The need for this amendment arose following the Supreme Court’s judgment in the Maratha reservation case, which upheld the 102nd Constitutional Amendment Act. That amendment had introduced Articles 338B and 342A, placing the power to specify backward classes with the President, in consultation with Governors, thereby limiting the role of states. The 105th Amendment sought to clarify and reinstate the state’s legislative competence in this domain.

Important Dates & Events Directing to the 105th Amendment of the Indian Constitution

The table below includes the Important Dates & Events Directing to the 105th Amendment of the Indian Constitution:

105th Constitutional Amendment Significance

The 105th Constitutional Amendment Act, 2021 is one of the most recent additions to the Indian Constitution. Its primary objective is to restore and clarify the authority of State Governments in identifying and notifying Other Backward Classes (OBCs) who are socially and educationally disadvantaged. Enacted on August 18, 2021, this Amendment marks a significant step in reinforcing the federal structure and the legislative process through which social justice is implemented across India.

• The Act reinforces the State’s exclusive power to identify OBCs for their respective territories, ensuring the continuation of state-specific welfare measures.
• It establishes that the Central List of OBCs will only be applicable to the Central Government and its institutions.
• The Amendment does not interfere with State Lists or limit the State’s authority to recognize or notify backward communities.
• Nearly 671 OBC communities stood to lose reservation benefits in education and employment if the State List had been abolished. This Amendment safeguards their rights.
• It reflects the government’s commitment to social justice, equality, and inclusive development, particularly for historically marginalised communities.

Also Check: 104th Constitutional Amendment Act

105th Constitutional Amendment Impact

The 105th Constitutional Amendment Act brought notable changes by amending Clauses (1) and (2) of Article 342A and inserting a new Clause (3). It made corresponding amendments to Articles 366 and 338B. The primary objective of this Amendment was to restore the authority of state governments to identify and notify Socially and Educationally Backward Classes (SEBCs) for their respective states.

By modifying the above-mentioned provisions, the Amendment reinstated the power of states to maintain their own list of SEBCs, an authority that had been reduced following the Supreme Court’s interpretation in the Maratha reservation judgment. This legislative intervention aimed to strike a balance between the centralised framework of backward class identification and the federal structure of governance.

The debate over reservations both in support and opposition has been ongoing for decades. Despite several decades of independence, India continues to grapple with socio-economic disparities. The 105th Amendment marks another legislative effort towards achieving social justice and equal opportunity by enabling states to better address the specific needs of underrepresented communities within their jurisdictions.