{"id":58337,"date":"2025-04-15T14:26:40","date_gmt":"2025-04-15T08:56:40","guid":{"rendered":"https:\/\/vajiramandravi.com\/current-affairs\/?p=58337"},"modified":"2026-04-17T12:02:23","modified_gmt":"2026-04-17T06:32:23","slug":"105th-constitutional-amendment-act","status":"publish","type":"post","link":"https:\/\/vajiramandravi.com\/current-affairs\/105th-constitutional-amendment-act\/","title":{"rendered":"105th Constitutional Amendment Act, Important Dates, Significance"},"content":{"rendered":"

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.<\/span><\/p>\n

105th Constitutional Amendment Act<\/b><\/h2>\n

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\u2019s 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.<\/span><\/p>\n

105 Constitutional Amendment Act<\/b><\/h2>\n

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.<\/span><\/p>\n

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.<\/span><\/p>\n

The 102nd Amendment had created a Central List of OBCs controlled solely by the Centre, without affecting the state\u2019s powers. However, confusion over its interpretation raised concerns that states might lose the right to identify backward communities.<\/span><\/p>\n

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.<\/span><\/p>\n

Also Check: 103rd Constitutional Amendment Act<\/a><\/strong><\/p>\n

Prime Reasons for Latest Amendment of the Indian Constitution (105th)<\/b><\/h2>\n

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\u2019s legislative competence in this domain.<\/span><\/p>\n

Important Dates & Events Directing to the 105th Amendment of the Indian Constitution<\/b><\/h2>\n

The table below includes the Important Dates & Events Directing to the 105th Amendment of the Indian Constitution:<\/span><\/p>\n\n\n\n\n\n\n\n\n\n\n\n
Important Dates & Events Directing to the 105th Amendment of the Indian Constitution<\/b><\/td>\n<\/tr>\n
Name of the Act\/Report<\/strong><\/td>\nYear<\/strong><\/td>\nEffectiveness<\/strong><\/td>\n<\/tr>\n
\n

Mandal Commission<\/strong><\/a> Report<\/span><\/p>\n<\/td>\n

\n

1980<\/span><\/p>\n<\/td>\n

\n
    \n
  • The Mandal Commission submitted its report in 1980. It was established in 1979.<\/span><\/li>\n
  • Suggested reservations for OBCs for employment and education, impacting prospective amendments and lawful actions, including the 105th Amendment.<\/span><\/li>\n<\/ul>\n<\/td>\n<\/tr>\n
\n

Supreme Court Judgment in Indra Sawhney Case<\/span><\/p>\n<\/td>\n

\n

1992<\/span><\/p>\n<\/td>\n

\n
    \n
  • On November 16, 1992, the Mandal recommendations introduced a 50% cap on reservations and excluded the “creamy layer” of OBCs.<\/span><\/li>\n
  • Set legal precedents that influenced the 105th Amendment of the Indian Constitution.<\/span><\/li>\n<\/ul>\n<\/td>\n<\/tr>\n
\n

Maharashtra SEBC Act<\/span><\/p>\n

\u00a0<\/span><\/p>\n<\/td>\n

\n

2018<\/span><\/p>\n<\/td>\n

\n
    \n
  • On November 30, 2018, Maharashtra law provided reservations for Marathas under SEBC.<\/span><\/li>\n
  • Highlighted a constitutional amendment to clarify states in determining SEBCs.<\/span><\/li>\n<\/ul>\n<\/td>\n<\/tr>\n
\n

Supreme Court Judgment in Maratha Quota Case<\/span><\/p>\n

\u00a0<\/span><\/p>\n<\/td>\n

\n

2021<\/span><\/p>\n<\/td>\n

\n
    \n
  • On May 5, 2021, the Maharashtra SEBC Act was struck down, stating that states couldn’t identify SEBCs after the 102nd Amendment.<\/span><\/li>\n
  • Demonstrated the need for the 105th Amendment of the Indian Constitution to restore states’ powers.<\/span><\/li>\n<\/ul>\n<\/td>\n<\/tr>\n
\n

Introduction of the 105th Amendment of the Indian Constitution Bill<\/span><\/p>\n

\u00a0<\/span><\/p>\n<\/td>\n

\n

2021<\/span><\/p>\n<\/td>\n

\n
    \n
  • On August 9, 2021, introduced in the Lok Sabha.<\/span><\/li>\n
  • Aimed to amend the Constitution to restore states’ power to identify SEBCs.<\/span><\/li>\n<\/ul>\n<\/td>\n<\/tr>\n
\n

Passage of the 105th Amendment of Indian Constitution Bill<\/span><\/p>\n

\u00a0<\/span><\/p>\n<\/td>\n

\n

2021<\/span><\/p>\n<\/td>\n

\n
    \n
  • On August 10-11, 2021, Passed by Lok Sabha and Rajya Sabha.<\/span><\/li>\n
  • Demonstrated broad consensus and urgency.<\/span><\/li>\n<\/ul>\n<\/td>\n<\/tr>\n
\n

Presidential Assent<\/span><\/p>\n

\u00a0<\/span><\/p>\n<\/td>\n

\n

2021<\/span><\/p>\n<\/td>\n

\n