Question

Consider the following statements regarding the 105th Constitutional Amendment:

I. It restored the power of states to prepare their own list of socially and economically backward classes.

II. It was the 127th Constitutional Amendment Bill.

III. It received presidential assent on August 18, 2021.

Which of the above statements are correct?

• A. I, II only
• B. II only
• C. I, III only
• D. I, II, III

Answer 1

Answer:

D. I, II, III

105th Constitutional Amendment Act, 2021

• Statement I: This amendment explicitly restored the power of the states to identify and list their own Socially and Economically Backward Classes (SEBCs). Prior to this amendment, a Supreme Court ruling (in the Maratha Reservation Case) had significantly curtailed this power, placing the SEBC list under the exclusive purview of the Union government. The amendment clarified that states could maintain their own lists of SEBCs for reservation purposes.

• Statement II: The 105th Constitutional Amendment Act originated as the 127th Constitutional Amendment Bill, 2021. This bill was introduced in the Lok Sabha on August 11, 2021, and passed by both houses of Parliament shortly thereafter.

• Statement III: The 105th Constitutional Amendment Act received the assent of the President of India on August 18, 2021. It came into effect retrospectively from August 15, 1950, and for the current purposes from August 26, 1992.

• Background: This amendment was a direct response to the Supreme Court's judgment in the All India Federation of Backward Classes vs. Union of India case. The judgment had stated that only the President could notify areas where socially and educationally backward classes existed, and Parliament could include or exclude communities from the Central list of OBCs. The 105th Amendment sought to re-empower state legislatures in this regard.

• Key Provisions: It amended Articles 338B and 342A of the Constitution. Article 342A now explicitly states that the President may, by notification, specify the socially and educationally backward classes which shall be deemed for the purposes of this clause to be the socially and educationally backward classes. However, the amendment also clarifies that for states and union territories, Parliament may by law include or exclude any social or educational group.