104th Constitutional Amendment Act, Features, Need, Impacts

The 104th Constitutional Amendment Act, passed in 2020, is a significant legislative measure reflecting India’s changing approach to political representation and social justice. This amendment primarily focuses on increasing the number of seats reserved for Scheduled Castes (SCs) and Scheduled Tribes (STs) in the Lok Sabha and State Legislative Assemblies while eliminating the Anglo-Indian reservation.

The amendment seeks to maintain political representation for marginalised communities while adapting to shifting social dynamics.

104th Constitutional Amendment Act

The 104th Constitutional Amendment Act was passed by the Indian Parliament in 2020. This amendment ended the Anglo-Indian community’s seat reservation in the Lok Sabha and State Legislative Assemblies while extending it for Scheduled Castes (SCs) and Scheduled Tribes (STs) for another ten years.

Reservation of seats in Parliament

The Scheduled Castes (SCs) and Scheduled Tribes (STs) have reserved seats in the Parliament, state assemblies, and urban and rural local bodies. Without a distinct electorate, all voters in a constituency elect these reserved members. Members of the SC and ST communities are not barred from running for a general (unreserved) seat. The Indian Constitution established this system in 1950, intending to keep it in place for the first 10 years to ensure political participation by groups deemed weak, marginalised, under-represented, and in need of special protection.

• According to Article 330 of the Indian Constitution and Section 3 of the Representation of the People Act of 1951, seats in the Lok Sabha are allocated based on the proportion of Scheduled Castes and Scheduled Tribes in the state based on its population.
• The reservation of Anglo-Indians refers to a provision in India’s Constitution that granted reserved seats in the Lok Sabha and state legislative assemblies to members of the Anglo-Indian community.
  • This was intended to ensure their political representation, as they were a small minority with limited numbers and influence.
• Thus, the rationale for removing the reservation for Anglo-Indians was largely based on the small and dwindling population of Anglo-Indians, as shown by the 2011 Census.

104th Constitutional Amendment Act Features

The 104th Constitutional Amendment Act of 2020 extends SCs/STs seat reservations in the Lok Sabha and State Assemblies until 2030 while abolishing the Anglo-Indian reserved seats. It also amends Article 334 to reflect these changes.

• Extension of SC/ST Reservation: The amendment extends the reservation of seats for SCs and STs in the Lok Sabha and State Legislative Assemblies for another ten years, until 2030.
• Abolition of the Anglo-Indian Reservation: The amendment removed the provision for the Anglo-Indian community to be represented by two seats in the Lok Sabha and one in the State Legislative Assemblies. This provision was initially enacted to ensure the representation of this small community.
• Article 334 Amendment: Article 334, which initially provided for the reservation of seats for SCs, STs, and Anglo-Indians in Parliament and State Assemblies, was also amended to reflect the abolition of the Anglo-Indian reservation while retaining the SCs/STs reservation.

Reasons for introducing the 104th Constitutional Amendment Act

The 104th Constitutional Amendment Act was introduced to address the evolving needs of India’s socio-political landscape, particularly regarding political representation and the relevance of reservations.

• Continued Social Disadvantage: Despite significant progress made by the SCs and STs over the last 70 years, the factors that influenced the Constituent Assembly‘s decision to make provisions for the aforementioned seat reservation still exist.
  • As a result, an amendment to the Constitution was proposed to preserve the Constitution’s inclusive character, as envisioned by the founding fathers.
• Anglo-Indian Population Decline: Over the years, the Anglo-Indian community’s population has decreased significantly, raising concerns about the need for reserved seats in the Lok Sabha and State Legislative Assemblies for this small group.
• Modernising Representation: The amendment modernises the framework for political representation in response to sociopolitical developments.
  • It reflects India’s changing demographic realities and the need for a more equitable and practical approach to reservations.

104th Constitutional Amendment Act Criticisms

The 104th Constitutional Amendment Act faced criticism for not extending reservations for the Anglo-Indian community, unlike Scheduled Castes and Tribes. Critics argue this decision marginalises the already small community and undermines minority rights.

• Loss of Political Representation: Critics argue that removing reserved seats for Anglo-Indians marginalizes an already small, declining community, depriving them of a voice in legislative bodies.
• Minority Rights Erosion: The removal of these reservations is seen as a setback for minority rights, raising concerns about the government’s commitment to all minority groups, not just larger ones.
• Lack of Justification: The amendment supports SC/ST reservations but fails to explain why Anglo-Indian reservations were removed. The Supreme Court has cautioned against interpreting laws without need, and the decision overlooks a 2013 report on the community’s struggles with cultural loss and unemployment.

Impacts of the 104th Constitutional Amendment Act

The 104th Constitutional Amendment Act, enacted in January 2020, has had significant implications for India’s political landscape, particularly concerning the representation of marginalised communities in legislative bodies.

• Continued empowerment of SCs and STs: The extension of SC/ST reservations will ensure their continued political empowerment, allowing them to participate in the legislative process and advocate for their interests.
• Adaptation to Social Changes: The decision to discontinue reservations for the Anglo-Indian community, whose population has significantly decreased, adapts to changing demographic and social realities.
• Potential for Reduced Minority Representation: The removal of Anglo-Indian reservations may lead to a decline in political representation for this community, which could affect their ability to advocate for their interests.
• Influence in Reservation Policy Debates: The amendment could impact future debates about reservation policy, particularly the need for periodic reviews and the eventual phasing out of certain reservations.