105th Constitutional Amendment Act 2021, Provisions, Impacts

The 105th Constitutional Amendment Act, 2021, is a landmark constitutional amendment that restored the powers of States and Union Territories to identify Socially and Educationally Backward Classes (SEBCs) for their own purposes. Enacted in the aftermath of the Maratha Reservation Case (Jaishri Laxmanrao Patil v. Chief Minister, 2021), the amendment clarified the scope of the 102nd Constitutional Amendment and reaffirmed India's federal structure.

The 105th Constitutional Amendment Act amended Articles 338B, 342A and 366 to enable States to maintain their own SEBC lists independent of the Central List. The amendment strengthened cooperative federalism while ensuring continued access to reservation benefits for backward communities in education and public employment.

105th Constitutional Amendment Act 2021 Background 

The 105th Constitutional Amendment Act was enacted to restore the States' authority to identify SEBCs after the Supreme Court interpreted the 102nd Constitutional Amendment as vesting this power exclusively in the Central Government.

• 102nd Constitutional Amendment Act (2018): It granted constitutional status to the National Commission for Backwards Classes (NCBC) and inserted Articles 338B, 342A and 366(26C).
  • Article 342A empowered the President of India, in consultation with the Governor of a State, to specify socially and educationally backward classes for constitutional purposes.
  • However, this created uncertainty regarding whether States could continue to prepare and revise their own lists of backward classes.
• Maratha Reservation Case (2021): In Dr Jaishri Laxmanrao Patil v. Chief Minister, Maharashtra, a five-judge Constitution Bench of the Supreme Court of India considered the constitutional validity of Maharashtra's reservation for the Maratha community.
  • The Court struck down the Maratha reservation legislation and held, among other things, that after the 102nd Amendment, States did not have the constitutional power to independently identify SEBCs.
• Federal Concerns: The SC ruling in the Maratha Reservation case sparked concerns over federalism, as State-specific backward communities risked losing reservation benefits without separate State SEBC lists.
• Legislative Response: In response, Parliament unanimously enacted the 105th Constitutional Amendment Act, 2021 (introduced as the 127th Constitutional Amendment Bill), reinstating the States' power to identify SEBCs.

105th Constitutional Amendment Act Important Dates

The Bill was introduced as the 127th Constitutional Amendment Bill, 2021, but became the Constitution (One Hundred and Fifth Amendment) Act, 2021, after enactment.

105th Constitutional Amendment Act 2021 Objectives

The central objective of the 105th Constitutional Amendment Act was to restore States’ authority to identify and maintain their own lists of backward classes. Its major objectives were:

• To restore the power of States and Union Territories to identify SEBCs.
• To clarify that State SEBC lists may differ from the Central List.
• To preserve the federal character of India’s reservation framework.
• To enable States to account for local social, educational, and economic realities.
• To remove the uncertainty created by the Supreme Court’s interpretation of the 102nd Amendment.
• To ensure that State-level welfare measures, educational reservations, and public-employment reservations could continue for eligible backward communities

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105th Constitutional Amendment Act Provisions 

The 105th Constitutional Amendment Act introduced targeted changes to the Constitution to clarify the respective roles of the Centre and the States in identifying Socially and Educationally Backward Classes. 

• Restored States' Powers: The Amendment reaffirmed the power of States and Union Territories to prepare and maintain independent SEBC lists for implementing State reservation policies.
• Amended Article 342A: The amendment clarified that the Central Government's SEBC list would apply for Central Government purposes.
  • At the same time, every State or Union Territory was empowered to prepare and maintain its own list of socially and educationally backward classes for its own purposes.
  • Therefore, a community may be included in a State's SEBC/OBC list even if it is not included in the Central List, subject to the applicable constitutional and legal framework. 
• Clarified the Central List: The Act specified that the Central List would consist of SEBCs prepared and maintained by the Central Government for Central Government policies and benefits.
• Amended Article 338B: The Amendment inserted a provision in Article 338B(9) stating that States are not required to consult the National Commission for Backward Classes (NCBC) while preparing or revising their own SEBC lists under Article 342A(3).
• Amended Article 366(26C): The amendment modified Article 366, which contains constitutional definitions. It clarified that “socially and educationally backward classes” means backward classes deemed under Article 342A for the purposes of the Central Government, or for the purposes of a State or Union Territory, as applicable. 
  • This change ensured that the same constitutional term could have separate Central and State-level lists.

105th Constitutional Amendment Significance

The 105th Constitutional Amendment Act is significant for reservation policy, cooperative federalism and the constitutional distribution of powers.

• Restores Federal Balance: The amendment restored the ability of States to identify backward classes based on their own demographic, historical, educational, and socio-economic conditions. Different States may face different forms of social disadvantage; therefore, a single Central List may not fully address State-specific requirements.
• Protects State Reservation Policies: States can maintain their own SEBC lists for admissions to State educational institutions, recruitment to State public services, and State welfare schemes.
• Clarified Central and State Lists: The amendment clearly distinguished between the Central List and State/UT lists, reducing ambiguity regarding which government could identify backward classes for different purposes.
• Constitutional Response to Judicial Interpretation: The amendment followed the Supreme Court's interpretation in the Maratha reservation case and changed the constitutional framework concerning identification of SEBCs.
• Supports Social Justice: The amendment supports affirmative action for communities that experience educational and social disadvantage. It enables States to update their lists according to changing local circumstances, subject to constitutional principles and judicial review.

105th Constitutional Amendment Act Impact 

The 105th Constitutional Amendment Act reaffirmed India's federal structure by restoring State autonomy in identifying backward classes while safeguarding reservation benefits for millions of beneficiaries.

• State Governments Regained Identification Powers: States and Union Territories regained the power to identify, include, exclude, and maintain lists of SEBCs for their own purposes. This restored a power that States had exercised for decades before the 2021 Supreme Court ruling. 
• Separate Central and State Lists: A community may be included in a State SEBC list but may not necessarily appear in the Central List. Similarly, inclusion in the Central List does not automatically ensure inclusion in every State list.
• Reservation Ceiling Remains Relevant: The amendment did not remove or alter the general 50% ceiling on reservations established in Indra Sawhney. The Supreme Court had reaffirmed this principle while striking down the Maratha reservation law.
• Continued Role of Courts: State decisions relating to backwards-class identification and reservation remain subject to judicial review. Courts can assess whether a classification is arbitrary, unsupported by evidence, or inconsistent with constitutional equality provisions.