105th Constitutional Amendment: Powers Of States With Respect To Reservation

The 102nd amendment which was ratified by the Parliament in 2018, gave the authority to the federal government and parliament to compile a list of OBCs and provide reservations to them. However, there was a mismatch between the state list and the central list, and therefore there was complexity in availing reservation. Thus, on 11th August, 2021, the Parliament passed the 127th Constitutional Amendment Bill, 2021 restoring States’ rights to specify other backward caste (OBC) groups. It bypassed a May 2021 Supreme Court ruling which said that only the Centre could notify socially and educationally backward classes — and not the states. So, 105th amendment restored the state government’s rights to compile a list of OBCs and award them with reservations.

The Constitution (One Hundred and Fifth Amendment) Act: Provisions

The Constitution (One Hundred and Twenty-Seventh Amendment) Bill, 2021 was introduced by the Minister of Social Justice and Empowerment to amend the Constitution to allow states and union territories to prepare their own list of socially and educationally backward classes. This amendment is known as 105th constitutional amendment.

• Empowering States and Union Territories: The Constitution (One Hundred and Second Amendment) Act, 2018 gave constitutional status to the National Commission for Backward Classes (NCBC), and empowered the President to notify the list of socially and educationally backward classes for any state or union territory for all purposes.

As per the 105th amendment to the Constitution–

1. The President may notify the list of socially and educationally backward classes only for purposes of the central government. This central list will be prepared and maintained by the central government.
2. States and union territories to prepare their own list of socially and educationally backward classes.

• Consultation with the NCBC: As per the 102nd amendment, Article 338B of the Constitution mandates the central and state governments to consult the NCBC on all major policy matters affecting the socially and educationally backward classes. The 105th amendment exempts states and union territories from this requirement for matters related to preparation of their list of socially and educationally backward classes.

Need

• The amendment was necessitated after the Supreme Court, in its Maratha reservation ruling in May, 2021, upheld the 102nd Constitutional Amendment Act. The Apex Court said that the President, based on recommendations of the National Commission for Backward Classes (NCBC), would determine which communities would be included in the State OBC list.
• In India, separate OBC lists are drawn up by the Centre and each State.
• If the state list gets abolished, nearly 671 OBC communities would lose access to reservations in educational institutions and in appointments. This would adversely impact nearly one-fifth of the OBC communities.

Impact

• Benefits to OBCs: More than 650 backward castes in the country would benefit from it. It will ensure representation and empowerment of the communities that have not reaped the benefits of development.
• Socio-economic Development: It will allow states to respond quickly to socio-economic requirements which are specific to a state or region. It also has a huge potential to empower the people from backward communities, enhancing their social status through good education and employment opportunities, paving the way for inclusive development.
• Political Ramifications: It has political ramifications as restoring powers of the states to identify backward classes has been a strong demand by many regional parties and important OBC leaders.

Possibilities and Prospects

• The implications of 105th Constitution Amendment are far and wide. It is a fact that the social structure and hierarchies in India have remained unchanged even after reservation given to the weaker communities; the composition of the elites in our country is heavily tilted towards the forward castes.
• Reservation as a tool of positive discrimination can be used to alter the social order to benefit those who have been exploited at its hands for years. It will ensure social equality and justice.
• Further efforts should be made to take affirmative actions for their holistic development.