The 105th Constitutional Amendment Act, 2021, restores the power of state governments to identify and classify Socially and Educationally Backward Classes (SEBCs), ensuring continued access to affirmative action benefits.
The 105th Constitutional Amendment Act, 2021, marks a significant step in strengthening India’s federal structure and ensuring social justice. This amendment reinstates the power of state governments to identify and classify Socially and Educationally Backward Classes (SEBCs), including Other Backward Classes (OBCs), within their jurisdictions. It was introduced in response to the Supreme Court’s interpretation of the 102nd Constitutional Amendment, which limited states’ authority over OBC classification.
By restoring this crucial power, the 105th Amendment ensures that marginalized communities continue to benefit from affirmative action policies in education and employment. The amendment reflects the government’s commitment to empowering state governments and preserving the country’s federal structure while addressing historical and socio-economic disparities.
Constitution (One Hundred and Fifth Amendment) Act, 2021
The Constitution (One Hundred and Fifth Amendment) Act, 2021, reinstated the authority of state governments to identify and classify SEBCs (Socially and Educationally Backward Classes), including OBCs (Other Backward Classes). These communities are eligible for affirmative action and special provisions by the state.
The amendment was signed into law by the President of India on August 18, 2021, reaffirming the power of state governments to determine OBC classifications within their jurisdiction.
NEED FOR 105TH CONSTITUTIONAL AMENDMENT
The primary objective of this amendment was to restore the states’ power to identify socially and educationally backward classes. The Union government clarified that the amendment ensures the creation of a Central List exclusively for use by the Central Government and its institutions while preserving the autonomy of state governments in defining backward classes within their own lists.
Without this provision, approximately 671 OBC communities would have been excluded from reservation benefits in educational and commercial institutions. This amendment strengthens social empowerment and underscores the government’s commitment to ensuring justice, dignity, and equal opportunities for marginalized communities.
Events Leading to the 105th Amendment of the Indian Constitution
- Mandal Commission Report (1980)
- Event: The Mandal Commission, established in 1979, submitted its report in 1980.
- Significance: Recommended reservations for Other Backward Classes (OBCs) in education and employment, laying the foundation for future legal and constitutional developments, including the 105th Amendment.
- Indra Sawhney Judgment (1992)
- Date: November 16, 1992
- Event: The Supreme Court upheld the Mandal Commission’s recommendations, introduced a 50% cap on reservations, and excluded the “creamy layer” of OBCs from benefits.
- Significance: Established key legal principles that later influenced the 105th Amendment.
- Maharashtra SEBC Act (2018)
- Date: November 30, 2018
- Event: Maharashtra enacted a law granting reservations to the Maratha community under the Socially and Educationally Backward Classes (SEBC) category.
- Significance: Raised questions about states’ authority to identify SEBCs, eventually leading to the need for a constitutional amendment.
- Maratha Quota Case Judgment (2021)
- Date: May 5, 2021
- Event: The Supreme Court struck down the Maharashtra SEBC Act, ruling that states no longer had the power to identify SEBCs after the 102nd Amendment.
- Significance: Highlighted the necessity of the 105th Amendment to restore states’ power in determining SEBCs.
- Introduction of the 105th Amendment Bill (2021)
- Date: August 9, 2021
- Event: The bill was introduced in the Lok Sabha.
- Significance: Sought to amend the Constitution to explicitly restore states’ authority to identify SEBCs.
- Passage of the 105th Amendment Bill (2021)
- Date: August 10-11, 2021
- Event: The bill was passed by both the Lok Sabha and Rajya Sabha with broad support.
- Significance: Reflected the urgency and consensus on restoring states’ powers in matters of social justice.
- Presidential Assent (2021)
- Date: August 18, 2021
- Event: The President gave his assent, officially enacting the amendment.
- Significance: Ensured that states regained their authority to identify and notify SEBCs, allowing them to address socio-economic challenges effectively.
Strengthening Federalism and State Authority on SEBCs
The 105th Constitutional Amendment is a key example, passed unanimously by both the ruling party and the opposition in a rare moment of political unity to uphold social justice and federalism. During the debate, significant issues such as the caste-based census, reservations in the private sector, and the removal of the 50% reservation cap were raised.
References to the Kaka Kalelkar Commission, the Mandal Commission, and the Supreme Court’s ruling in the Indira Sahani case were frequently mentioned. While opposition members supported the bill, they argued that it aimed to rectify the shortcomings of the 102nd Constitutional Amendment. The ruling party, however, maintained that the government’s stance on the OBC state and central lists had always been clear. Central Social Justice and Empowerment Minister Dr. Virendra Kumar emphasized that the amendment empowers states to manage their OBC lists.
The central government has compiled separate OBC lists for states, incorporating 2,515 castes into the central list. Additionally, approximately 671 OBC communities benefit from reservations in education and government jobs under this amendment. Dr. Kumar outlined the objectives of the bill while leading discussions in both the Lok Sabha and the Rajya Sabha.
On May 5, 2021, the Supreme Court ruled that the reservation granted to the Maratha community in Maharashtra for government jobs and educational institutions was unconstitutional. The court also held that the 102nd Constitutional Amendment Act of 2018, which granted constitutional status to the National Backward Classes Commission, effectively nullified the states’ authority to identify Other Backward Classes (OBCs).
A five-judge constitutional bench, led by Justice Ashok Bhushan, stated that states could only identify such communities and recommend them to the central government.
Disagreeing with this interpretation, the central government filed a review petition challenging the decision, but the Supreme Court dismissed it. In response, the central government decided to restore the states’ authority through a constitutional amendment.
On August 4, 2021, a cabinet meeting chaired by Prime Minister Narendra Modi approved the amendment bill, emphasizing its importance in preserving the federal structure.
The 105th Constitutional Amendment Bill was introduced in the Lok Sabha on August 9, 2021. Following extensive discussions, it was passed by the Lok Sabha on August 10 and by the Rajya Sabha on August 11, 2021. The ruling party reaffirmed its commitment to protecting the rights of marginalized communities. Additionally, the government not only granted constitutional status to the OBC Commission but also introduced reservations for OBCs and Economically Weaker Sections (EWS) in NEET for medical college admissions.
During discussions on the caste-based census, ruling party MPs questioned the policies and intent of previous Congress governments, while coalition partners like the Janata Dal (United) (JDU) asserted that backward castes had the right to know their population count. In the Rajya Sabha, ruling party members criticized the Congress for not implementing the recommendations of the Kaka Kalelkar Commission and the Mandal Commission during its tenure.
Meanwhile, opposition MPs in both houses advocated for a caste-based census and the removal of the 50% reservation cap. It was also emphasized that such a census should collect data on education, housing, and other socioeconomic factors to aid in policy formulation.
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Historically, India last conducted a caste-based census in 1971, which later served as the foundation for the Mandal Commission’s recommendation of 27% reservation for OBCs. However, from 1951 to 2011, census operations only included social, economic, and caste data for Scheduled Castes (SCs) and Scheduled Tribes (STs), with no official reports documenting broader caste demographics.
In Tamil Nadu, the reservation policy provides for 69% reservations in government jobs and educational institutions, a provision that was strongly defended during discussions in the Rajya Sabha. Lawmakers from the state emphasized the need to maintain this quota, highlighting its role in ensuring social justice.
During the debate, several opposition parties, including Congress, brought up the issue of extending reservations to the private sector and filling backlog vacancies in government positions. There was also a heated exchange between the ruling party and the opposition over unfilled OBC quota positions in universities and other public institutions.
The Telangana Rashtra Samithi (TRS) advocated for OBC reservations in legislatures and called for the establishment of a dedicated ministry for OBC affairs. Meanwhile, the All India Majlis-e-Ittehad-ul-Muslimeen (AIMIM) demanded that OBCs listed in state-level reservation lists also be included in the central list to ensure equal benefits across the country.
Additionally, a Member of Parliament from the Communist Party of India (Marxist) (CPM) urged the central government to reconsider and refine the eligibility criteria for availing reservations under the existing provisions.
Despite differences in party positions and specific demands, there was a broad consensus in favor of the 105th Constitutional Amendment. The discussions on the amendment lasted approximately eight hours, with 48 members participating in the debate. In the Rajya Sabha alone, the deliberations extended for more than five and a half hours. On August 10, Social Justice and Empowerment Minister Dr. Virendra Kumar addressed the Lok Sabha, explaining the amendment’s significance, and continued the discussion in the Rajya Sabha on August 11.
One of the key topics raised during the debate was the demand for a caste-based census. In response, the Minister of Social Justice and Empowerment pointed out the complexities and challenges associated with the data collected in the 2011 Socio-Economic Caste Census (SECC). He noted that the government needed to carefully assess these issues before making any decisions regarding a nationwide caste enumeration.
After extensive deliberations, the Bill was passed, leading to the enactment of the 105th Constitutional Amendment. This amendment reinstated the authority of states and union territories to identify and list Socially and Educationally Backward Classes (SEBCs) for their respective jurisdictions. A key change introduced by the amendment was the removal of the mandatory consultation requirement with the National Commission for Backward Classes (NCBC) before states could make such decisions. The amendment also clarified that the President holds the power to notify the central list of SEBCs, applicable solely for central government reservations and policies.
Following the passage of the amendment, Prime Minister Narendra Modi hailed it as a historic milestone for India’s governance and social justice framework. He emphasized that the amendment reaffirmed the government’s commitment to ensuring equal opportunities for marginalized communities while upholding the principles of federalism.
By restoring the states’ authority over OBC classifications, the amendment empowered state governments to act swiftly in addressing the social and economic needs of disadvantaged groups. Furthermore, it facilitated the effective implementation of education policies and welfare schemes for the OBC population across the country.
This amendment represents a significant step in India’s affirmative action policies, ensuring that state governments retain a decisive role in social justice initiatives. It also strengthens the federal structure by allowing states to determine their own policies regarding backward class identification, independent of central government directives.
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