Question

Consider the following statements regarding the 104th and 105th Constitutional Amendments:

1. The 104th Amendment extended the reservation for SC/STs in the Lok Sabha and State Legislatures until January 2030.

2. The 105th Amendment restored the States’ power to prepare a list of socially and educationally backward classes.

3. The 105th Amendment was passed in the Rajya Sabha before the Lok Sabha.

Which of the statements given above is/are correct?

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

Answer 1

Answer:

A. Only 1 and 2

104th Constitutional Amendment Act, 2019

• Extension of Reservation: This amendment extended the reservation of seats for Scheduled Castes (SCs) and Scheduled Tribes (STs) in the Lok Sabha and State Legislative Assemblies for another ten years, from January 26, 2020, to January 25, 2030.
• Abolition of Nominated Anglo-Indian Members: The 104th Amendment also amended Article 334 to discontinue the nomination of members from the Anglo-Indian community to the Lok Sabha and State Legislative Assemblies. This effectively ended a system that had been in place since the commencement of the Constitution.

105th Constitutional Amendment Act, 2021

• Restoration of States' Power: This amendment restored the power of the States to identify and list socially and educationally backward classes (SEBCs). This was a significant move following the Supreme Court's judgment in the Maratha reservation case, which had limited the states' ability to do so.
• Background of the Controversy: The 102nd Constitutional Amendment Act, 2018, had granted constitutional status to the National Commission for Backward Classes (NCBC) and also empowered the President to notify SEBCs. This led to a debate on whether states retained the power to create their own lists of backward classes. The 105th Amendment aimed to clarify and reaffirm the states' role in this matter.
• Parliamentary Passage: The 105th Constitutional Amendment Bill was passed by the Lok Sabha on August 10, 2021, and by the Rajya Sabha on August 11, 2021. This means it was passed in the Lok Sabha before the Rajya Sabha, contrary to statement 3.

Key Takeaways for Exams:

• The 104th Amendment focuses on SC/ST reservation extension and ending Anglo-Indian nominations.
• The 105th Amendment is crucial for understanding the federal structure concerning the identification of backward classes and the division of powers between the Centre and States.
• Remember the timeline of these amendments and their specific impacts on different communities and state powers.