105th Constitutional Amendment Act, 2021 – Impact and Significance

105^th Constitutional Amendment Act, 2021 brought back the authority for state governments to create a list of socially and educationally backward classes, or SEBCs. The independent State lists were exempted from the authority and duties of the National Commission for Backward Classes, which is consulted on all matters of policy and honor, according to the 105th Constitutional Amendment Act. The statement suggested that States are not obliged to confer with the National Commission. The 105th Amendment to the Indian Constitution Act was passed in order to reclaim this authority.

What is 105^th Constitutional Amendment Act?

The 105th Constitutional Amendment Act, of 2021 is the most recent modification to the Indian Constitution as of 2021. On August 19, the Indian Constitution’s 105th Amendment was notified, following then-President Ramnath Kovind’s consent. The goal of the 105th Amendment Bill is to give state governments the authority to once again recognize OBCs who are academically and socially disadvantaged. Article 342A will have a new clause 3 added, while clauses 1 and 2 will be changed by the 105th Amendment to the Indian Constitution. The proposed legislation will also change Articles 366 (26c) and 338B. Its purpose is to guarantee the states’ ability to maintain their “state list” of OBCs. Creating a Central List that would be utilized exclusively by the Central Government and its agencies is the reason behind the 102nd Amendment. It was unrelated to the State Lists of Weaker Sections or the State government’s authority to declare a community to be backward.

Reasons for the 105th Constitutional Amendment Act, 2021

The 105th Constitutional Amendment Act was required for the reasons listed below.

• The Union and States are authorized by the Constitution to designate the Socially and Educationally Backward Classes.
• However, the Supreme Court held that the 102nd Amendment had deprived the States of their authority to designate the SEBCs following the passage of the 102nd Constitutional Amendment Act, which granted the National Commission for the Backward Class (NCBC) constitutional authority.

Important Points of the 105th Amendment to the Indian Constitution

The following are the important points of the 105th Amendment to the Indian Constitution:

• A month after the 102nd Amendment was passed, the Maharashtra government’s law granting the Marathas a status as Socially and Economically Backward Classes was challenged in the Supreme Court, which for the first time held that the 102nd Amendment had taken away States’ powers to recognize SEBCs. This is how this fact was brought to light.
• Justice S Ravindra Bhat mentioned the addition of Article 342 A by the Parliament as his justification.
• Article 366 and Article 338B both required the States to confer with the NCBC and prohibited them from independently declaring SEBCs.

Maratha Quota Case’s Contribution to the 105th Constitutional Amendment Act

In May 2021, the Supreme Court issued a ruling in the case of Chief Minister, Maharashtra, v. Jaishri Laxmanrao Patil. In November 2018, the Maharashtra state legislature passed a bill designating Marathas as SEBC and providing them with reservations in higher education and jobs.

• Due to the State’s lack of authority to recognize SEBCs following the 102 Constitutional Amendment, this law was called into doubt.
• By a vote of 3:2, the Court upheld and invalidated the legislation.
• The majority found that the correct reading of the amended Constitution was that the power belonged to the Union government and that there was no justification for negating the States’ powers.
• A number of state and national parties hoped for changes to the States’ authority.
• The Union administration promptly requested the Court to reexamine its decision, believing that doing so would cause villages to lose their SEBC status.
• An order to set aside the review appeal was legislated by the Court.
• Following this, in August the Union Government introduced the 127 Amendment Bill, which subsequently evolved into the 105 Constitutional Amendment Act.

Importance of 105^th Constitutional Amendment Act, 2021

The Bill seeks to give State governments the authority to once again recognize OBCs who fall behind in terms of social and educational development.

• According to the Union government, the 105th Constitutional Amendment Act’s goal is to establish a Central List that will only be applicable to the Central Government and its institutions.
• It was unrelated to the State Lists of Socially Retarded Classes or the authority of State governments to designate a group as backward.
• The bill will help about 671 OBC communities because these OBC classes would not have been able to access reservations in jobs and educational institutions if the state list had been repealed.
• The Social Empowerment Bill encourages this.
• It also reflects the dedication of our government to ensuring the dignity, equality, and justice of the disadvantaged groups.

Outcomes of the Indian Constitution’s 105th Amendment

The following are the impacts or outcomes of the 105^th Constitutional Amendment Act, 2021:

• By removing clauses 1 and 2 of Article 342A and adding a new clause, clause 3, the 105 Constitutional Amendment Act addressed the problem. Also, Articles 366 and 338B were altered.
• The act gave state governments the authority to inform the classes that are socially and educationally behind.
• For years, there have been arguments in favor of and against the constitutional reservation provision.
• We as a society are still working to guarantee equal rights for our people and eradicate prejudice and discrimination through reservations, even after many years of independence.
• Another attempt to use federal equality to establish an equal society is the 105th Constitutional Amendment Act.
• It has made sure that States are able to reclaim their authority to list socially and educationally disadvantaged groups without first contacting the NCBC.

Question Asked on 105th Amendment in UPSC Exam

1. The Constitution 105th amendment act, 2021, related to the socially and educationally backward classes, amends how many articles of the Indian Constitution?

1. Five
2. Four
3. Three
4. Two

Correct Answer: 3. Three.

2. What is the latest Amendment in Indian Constitution?

1. 102nd Amendment
2. 101 Constitutional Amendment Act
3. 105th Constitutional Amendment Act
4. 123rd Constitutional Amendment

Correct Answer: 3. 105th Constitutional Amendment Act.

Questions and Answers on 105th Constitutional Amendment

1. What is the 105th Constitutional Amendment Act recently seen in news is related to?

The Act aims to give State governments the authority to once again identify OBCs who are behind in terms of education and society. Article 342A’s first and second clauses will be changed, and a new clause 3 will be added by the Constitutional 105th Amendment. Also, Articles 366 (26c) and 338B (9) will be modified by the law.

2. How many articles are amended by the 105th Amendment of the Constitution?

Articles 342A, 366, and 338B of the Indian Constitution are amended by the 105th Constitutional Amendment Act to provide that the President may designate socially and educationally disadvantaged classes for the Central Government’s Central List.

3. What is the 105th Amendment?

The State Government was given back authority to acknowledge Socially and Educationally Backward Classes, or SEBCs, through the 105th Constitutional Amendment Act, often known as the 105th Amendment to the Indian Constitution. The President signed the 105th Amendment into the ordinance, and the measure was introduced and approved by both chambers of Parliament.

4. Which article was amended by the 105th Amendment?

Article 342A’s first and second clauses will be changed, and a new clause 3 will be added by the Constitutional 105th Amendment. Also, Articles 366 (26c) and 338B (9) will be modified by the law. Its purpose is to make it clear that the states are free to keep their “state list” of OBCs.

5. What changes are done through 105^th Constitutional Amendment Act, 2021?

The Constitution (One Hundred and Fifth Amendment) Act, 2021, which is the formal name of the 105th Constitutional Amendment to the Indian Constitution, restored the State governments’ authority to recognize socially and educationally backward classes (SEBCs).

References:

en.wikipedia.org/

www.livelaw.in/

www.scobserver.in/