Question

Which among the following statements are not true with regard to the 104th Constitutional Amendment?

1. The 104th Amendment extended reservations for Scheduled Castes and Scheduled Tribes in the Lok Sabha and State Legislatures until January 2030.

2. The 104th Amendment abolished reservations for Anglo-Indian representatives in the Lok Sabha and State Legislatures.

3. The 104th Amendment amended Article 338.

4. The 104th Amendment was introduced in the Lok Sabha by Ravi Shankar Prasad.

• A. 3 only
• B. 3 and 4
• C. 4 only
• D. 1 and 3

Answer 1

Answer:

A. 3 only

104th Constitutional Amendment Act, 2019

• This amendment extended the reservation of seats for Scheduled Castes (SCs) and Scheduled Tribes (STs) in the Lok Sabha and State Legislative Assemblies.

• The reservation is extended for a period of ten years, from January 25, 2020, to January 25, 2030.

• It also extended the nomination of members to the Lok Sabha and State Legislative Assemblies for the Anglo-Indian community for the same period.

• However, the 104th Amendment ceased to provide for the nomination of members of the Anglo-Indian community to the Lok Sabha and State Legislative Assemblies after the said period.

• This amendment amended Articles 334 of the Constitution, which deals with the reservation of seats and special provisions for a period of seventy years from the commencement of the Constitution.

• It did not amend Article 338. Article 338 deals with the National Commission for Scheduled Castes.

• The amendment was introduced by the Ministry of Law and Justice and passed by both houses of Parliament. It received the President's assent on January 25, 2020.

• Key Facts:

  • The original provision for reservation of seats for SCs and STs was made for a period of 10 years by the Constitution (First Amendment) Act, 1951.

  • This provision has been extended multiple times through subsequent constitutional amendments.

  • The 104th Amendment is significant as it ensures continued representation for SCs and STs but discontinues the nomination of Anglo-Indians, reflecting a shift in policy.