Question

Consider the following statements regarding the 102nd and 103rd Constitutional Amendments.

1. The 102nd Amendment introduced Article 342A, allowing the President to specify socially and educationally backward classes.

2. The 103rd Amendment provides 10% reservation for Economically Weaker Sections in educational institutions and government jobs.

3. The 102nd Amendment was introduced in the Lok Sabha by Ravi Shankar Prasad.

Which of the statements given above is/are correct?

• A. 1 and 2 only
• B. 1 and 3 only
• C. 2 and 3 only
• D. All of the above

Answer 1

Answer:

A. 1 and 2 only

102nd Constitutional Amendment Act, 2018

• This amendment inserted Article 342A into the Constitution.
• Article 342A empowers the President to notify socially and educationally backward classes (SEBCs) in relation to a State or Union Territory.
• It also stipulated that Parliament may by law include any class in the list of SEBCs.
• Crucially, it removed the power of the States to specify SEBCs. This power was vested solely with the President.
• This amendment aimed to give constitutional status to the National Commission for Backward Classes (NCBC) and also clarified the powers of the President in this regard.

103rd Constitutional Amendment Act, 2019

• This amendment introduced provisions for reservation for the Economically Weaker Sections (EWS) of society.
• It enables the government to provide up to 10% reservation in admission to educational institutions and government jobs.
• This reservation is for citizens who are not covered under any existing reservation scheme (like SC/ST/OBC) and whose family income is below a specified limit.
• It amended Article 15 by adding clause (6) and Article 16 by adding clause (6).
• Article 15(6) allows the State to make special provisions for the advancement of any economically weaker sections of citizens.
• Article 16(6) allows the State to make any provision for the reservation of appointments or posts in favour of any economically weaker sections of citizens, which is not ordinarily under the said services and shall be subject to Article 335.
• The validity of this amendment was upheld by the Supreme Court of India in the Janhit Abhiyan v. Union of India case (2022).

Details about the introduction of the 102nd Amendment

• While the 102nd Amendment Act was passed in 2018, the specific statement about it being introduced by Ravi Shankar Prasad in the Lok Sabha needs verification regarding the exact introducer for that specific bill. However, the intent and passage are attributed to the government of the day.