Question

Which of the following statements are correct regarding the 104th and 105th Constitutional Amendments?

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

ii. The 105th Amendment restored the States’ right to prepare a list of socially and economically backward classes.

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

iv. The 105th Amendment was passed by the Rajya Sabha on 12 December 2019.

• A. Only i and ii are correct
• B. Only i, ii, and iii are correct
• C. Only ii and iv are correct
• D. Only i and iii are correct

Answer 1

Answer:

B. Only i, ii, and iii are correct

• The 104th Constitutional Amendment Act, 2019 aimed to strengthen the representation of Scheduled Castes (SC) and Scheduled Tribes (ST) in the legislative bodies.
• Key Provisions of the 104th Amendment:
  • It extended the reservation of seats for SCs and STs in the Lok Sabha and State Legislative Assemblies for another ten years, i.e., until January 25, 2030. This reservation was initially provided for a period of ten years from the commencement of the Constitution.
  • It discontinued the nomination of Anglo-Indian members to the Lok Sabha and State Legislative Assemblies. Prior to this amendment, the President could nominate two members from the Anglo-Indian community to the Lok Sabha, and Governors could nominate one such member to the State Legislative Assemblies, if they felt the community was not adequately represented.
• The 105th Constitutional Amendment Act, 2021 addressed issues related to the identification of socially and educationally backward classes.
• Key Provisions of the 105th Amendment:
  • It restored the power of the States to prepare and maintain their own list of socially and economically backward classes. This followed a Supreme Court judgment in the Maratha reservation case (Sanjay Kumar Gupta vs. State of Bihar), which stated that only the President could notify a community as backward, and states could not override this.
  • The amendment mandated that the President would determine the criteria for identifying socially and educationally backward classes, after which the respective state governments could prepare lists of such classes.
  • This amendment essentially reinforced the federal structure by giving states autonomy in determining backward classes within their jurisdiction, subject to the President's broad notification.
• Chronology of Passing: The 105th Amendment was passed by the Lok Sabha on August 11, 2021, and by the Rajya Sabha on August 12, 2021. The statement about the Rajya Sabha passing it on December 12, 2019, is incorrect.
• Significance for Competitive Exams: Understanding these amendments is crucial as questions on constitutional amendments, reservation policies, and federal relations are frequently asked in various competitive examinations like UPSC Civil Services, State PSCs, etc.