105th Constitutional Amendment Act: Analysis, Impact, and Implications

Table of Contents

1.     What is the 105th Constitutional Amendment Act?

2.     Need for the 105th Constitutional Amendment Act

3.     Key Highlights of the 105th Amendment of the Indian Constitution

4.     Role of the Maratha Quota Case in Bringing the 105th Amendment

5.     Significance of the 105th Amendment of the Indian Constitution

6.     Corrective Course of the 105th Amendment of the Indian Constitution

7.     Impact of the 105th Amendment of the Indian Constitution

8.     Provisions and Articles Related to the 105th Amendment

9.     Key Points

10.                        MCQs for UPSC Exam Preparation

11.                        FAQs on the 105th Constitutional Amendment Act

 

 

1. What is the 105th Constitutional Amendment Act?

The 105th Amendment of the Indian Constitution, enacted in 2021, restored the power of state governments to identify Socially and Educationally Backward Classes (SEBCs). This amendment was necessary to address the implications of the 102nd Constitutional Amendment, which had been interpreted to mean that state governments no longer had the authority to identify SEBCs.

 

Relevant Articles:

• Article 342A
• Article 366
• Article 338B

 

 

2. Need for the 105th Constitutional Amendment Act

The need for the 105th Constitutional Amendment Act arose after the Supreme Court's interpretation of the 102nd Constitutional Amendment, which implied that only the central government had the authority to identify SEBCs. This interpretation led to the following needs:

• Restoring State Authority: To return the power of identifying SEBCs to state governments.
• Ensuring Representation: To maintain the ability of states to provide affirmative action for SEBCs based on regional needs.
• Addressing Legal Challenges: To respond to legal challenges and confusion regarding the identification of SEBCs at the state level.

 

 

3. Key Highlights of the 105th Amendment of the Indian Constitution

• Restoration of State Powers: Restores the power of state governments to identify SEBCs.
• Clarification of Roles: Clarifies that the powers of the National Commission for Backward Classes (NCBC) do not apply to state lists of SEBCs.
• Legislative Support: The amendment was passed unanimously in both houses of Parliament.

 

 

4. Role of the Maratha Quota Case in Bringing the 105th Amendment

Background:

• Maharashtra Law: In November 2018, Maharashtra enacted a law identifying Marathas as SEBCs.
• Supreme Court Challenge: The law was challenged, and the Supreme Court ruled that the 102nd Amendment took away the states' power to identify SEBCs.

 

Implications:

• Judicial Ruling: The Supreme Court's ruling led to a significant push for restoring state powers, culminating in the 105th Amendment.

 

 

5. Significance of the 105th Amendment of the Indian Constitution

• Empowerment of States: Ensures that states retain the power to address regional needs and provide affirmative action for SEBCs.
• Legal Clarity: Provides clarity on the roles of the central and state governments in identifying SEBCs.
• Political Consensus: Demonstrates a unified approach among political parties to uphold federal principles.

 

 

6. Corrective Course of the 105th Amendment of the Indian Constitution

Union Government's Stance:

• Clarification: The Union Government clarified that the 102nd Amendment intended to create a central list for SEBCs, without affecting state lists.
• Legislative Action: The 105th Amendment was introduced and passed to rectify the Supreme Court's interpretation and restore states' powers.

 

 

7. Impact of the 105th Amendment of the Indian Constitution

• State Autonomy: Reinforces state autonomy in identifying SEBCs.
• Affirmative Action: Ensures continued affirmative action for SEBCs at the state level.
• Federal Balance: Maintains the federal balance between the central and state governments.

 

 

8. Provisions and Articles Related to the 105th Amendment

Articles Amended:

• Article 342A: Amended to restore state powers.
• Article 366: Amended to clarify the definition of SEBCs.
• Article 338B: Amended to specify the roles of the NCBC.

 

Landmark Judgements:

• Indra Sawhney Case (1992): Established the criteria for identifying SEBCs and upheld the role of states in this process.
• Maratha Quota Case (2021): Led to the interpretation that necessitated the 105th Amendment.

 

Statutory Laws:

• National Commission for Backward Classes Act, 1993: Provides the framework for the NCBC's role in identifying and recommending SEBCs.

 

 

9. Key Points

• Restoration of Powers: The 105th Amendment restores the power of state governments to identify SEBCs.
• Central and State Roles: Clarifies the distinct roles of the central and state governments in identifying SEBCs.
• Legal and Political Consensus: Reflects a broad consensus to uphold federal principles and ensure affirmative action for SEBCs.

 

 

10. MCQs for UPSC Exam Preparation

1.     Which Constitutional Amendment restored the power of state governments to identify SEBCs?

(a) 102nd Amendment

(b) 103rd Amendment

(c) 104th Amendment

(d) 105th Amendment

 

Answer: (d) 105th Amendment

 

2.     Which articles of the Indian Constitution were amended by the 105th Constitutional Amendment Act?

(a) Articles 342A, 366, 338B

(b) Articles 330, 332, 334

(c) Articles 123, 124, 125

(d) Articles 341, 342, 343

 

Answer: (a) Articles 342A, 366, 338B

 

3.     Which case led to the introduction of the 105th Constitutional Amendment Act?

(a) Indra Sawhney Case

(b) Maratha Quota Case

(c) Golaknath Case

(d) Minerva Mills Case

 

Answer: (b) Maratha Quota Case

 

4.     When was the 105th Constitutional Amendment Act enacted?

(a) 2018

(b) 2019

(c) 2020

(d) 2021

 

Answer: (d) 2021

 

5.     Who introduced the 105th Constitutional Amendment Bill in the Parliament?

(a) Arun Jaitley

(b) Ravi Shankar Prasad

(c) Dr. Virendra Kumar

(d) Nirmala Sitharaman

 

Answer: (c) Dr. Virendra Kumar

 

6.     What was the primary purpose of the 105th Constitutional Amendment Act?

(a) To abolish the SEBC list

(b) To restore the states' power to identify SEBCs

(c) To increase the reservation quota

(d) To introduce GST

 

Answer: (b) To restore the states' power to identify SEBCs

 

7.     Which Article defines the socially and educationally backward classes (SEBCs)?

(a) Article 15

(b) Article 16

(c) Article 342A

(d) Article 368

 

Answer: (c) Article 342A

 

8.     Which body’s power was clarified not to extend to state lists of SEBCs in the 105th Amendment?

(a) National Commission for Scheduled Castes

(b) National Commission for Scheduled Tribes

(c) National Commission for Backward Classes

(d) National Human Rights Commission

 

Answer: (c) National Commission for Backward Classes

 

9.     What was the response of political parties to the 105th Constitutional Amendment Bill?

(a) Opposition from most parties

(b) Unanimous support

(c) Mixed reactions

(d) Indifference

 

Answer: (b) Unanimous support

 

10.                        The 105th Amendment Act affects the identification of SEBCs in which government jurisdiction?

(a) Only Central Government

(b) Only State Governments

(c) Both Central and State Governments

(d) Only Union Territories

 

Answer: (c) Both Central and State Governments

 

 

11. FAQs on the 105th Constitutional Amendment Act

What is the 105th Constitutional Amendment Act?

The 105th Constitutional Amendment Act restored the power of state governments to identify Socially and Educationally Backward Classes (SEBCs), addressing the Supreme Court's interpretation that the 102nd Amendment took away this power from the states.

 

When was the 105th Constitutional Amendment Act enacted?

The 105th Constitutional Amendment Act was enacted on August 18, 2021.

 

Which articles were amended by the 105th Constitutional Amendment Act?

The 105th Amendment Act amended Articles 342A, 366, and 338B of the Indian Constitution

 

What prompted the need for the 105th Constitutional Amendment Act?

The need for the amendment arose after the Supreme Court's interpretation of the 102nd Constitutional Amendment in the Maratha Quota Case, which suggested that only the central government had the authority to identify SEBCs.

 

Who introduced the 105th Constitutional Amendment Bill in Parliament?

The 105th Constitutional Amendment Bill was introduced by Dr. Virendra Kumar, the then Minister of Social Justice and Empowerment.

 

What is the significance of the 105th Constitutional Amendment Act?

The 105th Amendment Act is significant as it restores the authority of state governments to identify SEBCs, ensuring regional needs are addressed and maintaining the federal balance between the central and state governments.

 

How does the 105th Amendment impact the reservation system in India?

The amendment ensures that state governments retain the power to identify SEBCs for reservations, preserving the ability to provide affirmative action based on regional demographics and needs.

 

What was the role of the Maratha Quota Case in the 105th Amendment?

The Maratha Quota Case highlighted the need to clarify the powers of state governments regarding SEBCs, leading to the introduction and passage of the 105th Amendment to restore these powers.

 

How does the 105th Amendment ensure federal equality?

The amendment ensures that both the central and state governments have distinct roles in identifying SEBCs, maintaining a balance of power and reflecting the federal structure of the Indian Constitution.

 

What are the key highlights of the 105th Constitutional Amendment Act?

Key highlights include restoring state powers to identify SEBCs, clarifying the roles of the NCBC, and receiving unanimous support from all political parties in Parliament.