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After being re-elected with a bigger mandate successful 2019, the Modi authorities amended the Constitution 3 times – all pertaining to reservation. In 2019, Parliament agreed to proceed the affirmative enactment for SC/STs first granted by the Constituent Assembly successful 1950, retaining their preservation till 2030.
The Constitutional Amendments enacted successful PM Modi’s archetypal word are explored successful the archetypal portion of this article.
In 2021, it attempted a course-correction of the law amendment passed successful 2018 which gave the National Commission of Backward Classes (NCBC) a law status. With the Supreme Court stating that lone the President tin determine which communities autumn nether the Socially and Educationally Backward Classes (SEBC) list, Parliament hurriedly passed the 105th amendment to undo the damage.
In 2023, Indian women yet got their promised preservation of 33% successful the Lok Sabha, State legislatures and section bodies.
As India celebrates its 77th Republic Day today, here’s a look astatine these amendments:
National Commission for Backward Classes (NCBC) (2018)
Giving dependable to India’s largest population radical – the Other Backward Classes (OBCs), Parliament, in August 2018, passed the 102nd Constitutional amendment to springiness the National Commission for Backward Classes (NCBC) a law status. The NCBC was empowered to analyse matters of SEBCs, contiguous regular reports to the President connected these issues, marque recommendations to the Centre and States connected measures to improve and support SEBCs, with the powers of a civilian court.
Previously, the grievances of the OBC communities were addressed by the National Commission of Scheduled Castes, portion the NCBC was constricted to urge additions oregon deletions to the OBC database and cut-off income for ‘creamy layer’ exclusion from reservation.
The Act besides empowered the President to specify SEBCs with respect to a State and made Parliamentary support mandatory for summation and deletion of a assemblage from the OBC list.
“In 1955, the Kaka Kalelkar report had recommended 70% reservation to SEBCs successful acquisition institutions. But Nehru suggested that State governments should hole a database of backward classes successful their ain states and be to their problems. The Centre washed its hands disconnected this,” explained P.D.T. Achary, former Secretary General of Lok Sabha, erstwhile asked wherefore NCBC required a law status, adding, “Under the Mandal report, the authorities exercised its enforcement powerfulness and acceptable up the NCBC (in 1993). It was not a statutory oregon law authorization and did not person overmuch power”.
On May 5, 2021, the Supreme Court, upheld this amendment noting that ‘President [that is the Centre] alone is empowered to place SEBCs and see them successful the OBC list’, snatching distant States’ right to identify such groups. The ruling came arsenic the Supreme Court struck down the 18% reservation accorded to Marathas by classifying them arsenic SEBC by the Maharashtra government.
In response, Centre argued that the Act did not mean to instrumentality distant the State’s powerfulness to identify SEBCs and that the term ‘Central List’ was meant for the government’s usage of the database of backward classes notified by the President. Opposition MPs blamed the Centre for enacting a ‘flawed law’.
“It was successful the involvement of the [Maharashtra] authorities to continue reservation to Marathas. That confederation [Shiv Sena-NCP-Congress] was very important to them,” said Mr. Achary.
OBC reservation given backmost to States (2021)
To undo the Supreme Court’s verdict which centralised the database of backward classes list, Parliament passed the 105th constitutional amendment with the required peculiar majority, restoring States’ close to classify SEBCs. The instrumentality was passed specified 3 months aft the Supreme Court verdict upholding the 102nd Amendment.
The new Act clarified that while NCBC should beryllium consulted connected argumentation matters, it did not see the States’ database of SEBCs. It added that the specified ‘Central List’ of OBCs was to beryllium ‘prepared and maintained by and for the Centre’ and each State oregon Union Territory may, by law, hole and maintain for its ain purposes a database of SEBCs, which whitethorn disagree from the Central list.
However, NCBC has faced disapproval for attempting to prune State OBC lists and stalling requests to see astir 80 castes/communities successful the Central OBC list. In 2024, the NCBC questioned Karnataka’s Congress government wherefore 17 and 19 Muslim castes were separately included successful Category-I and Category-II B of the OBC list. Similarly, NCBC pulled up West Bengal’s Trinamool authorities for ‘including much Muslim than Hindu groups’ successful the OBC list. The Commission has recommended deletion of 35 Muslim communities from the Central OBC database for West Bengal, successful a bid to ‘ensure existent societal justice’.
“The tone of the 105th amendment is that the State governments tin determine which communities tin beryllium brought into the SEBC list, without consulting the NCBC. So, it cannot interfere with the States’ list oregon halt the inclusion,” clarified Mr. Achary. Citing the examples of Kerala, Tamil Nadu and West Bengal, Mr. Achary said that respective Muslim communities, converted Christians and Dalit Christians person been included successful the SEBC list.
“However, this authorities [BJP successful Centre] did not privation that which is wherefore they brought this 102nd amendment. But erstwhile Maratha preservation was struck down, which was politically very important to them, they switched backmost to the earlier position,” helium said.
Explaining wherefore respective Muslim communities diagnostic successful SEBC lists, Mr. Achary adds, “It is Backward classes, not caste. Class is religion neutral. Reservation was meant for those who suffered nether the Hindu Caste system. While Islam and Christianity bash not recognise castes, converted families were continued to beryllium treated arsenic little castes — a peculiarity lone successful India, where caste strategy has rubbed disconnected connected them. Though theoretically it was impermissible for Muslims/Christians to avail reservation, State governments took a applicable presumption and included them successful SEBC lists”.
SC/ST preservation extended (2019)
“Reason for which Scheduled Castes and Scheduled Tribes were accorded reservation by the Constituent Assembly person not yet ceased to exist. To retain the inclusive quality arsenic envisioned by the founding fathers, SC/ST preservation for seats volition continue upto January 25, 2030,” the Parliament stated, portion passing the 104th Constitutional Amendment connected December 12, 2019. However, the caller amendment abolished the reservation accorded to Anglo-Indian communities in Lok Sabha and State legislatures. The Bill was passed unanimously by some Houses with nary votes against it.
Women’s preservation successful Parliament/legislative bodies (2023)
Touted arsenic India’s largest minority, women — who comprise 48% of the full population, were accorded one-third preservation successful the Lok Sabha and State Assemblies connected September 20, 2023. With 454 members supporting and two opposing successful a manual vote, the Bill passed some Houses successful a peculiar session convened by the government. The Bill was archetypal tabled in Parliament by the Deve Gowda authorities in 1996, earlier being sent to respective Standing Committees lone for it to lapse repeatedly.
In spite of President Droupadi Murmu giving her assent to the Bill, arsenic stipulated, the women’s quota volition footwear successful aft the adjacent census (2026-27) and subsequent delimitation exercise. The preservation volition past for 15 years and has quotas for SC/ST women successful it, but nary for OBCs. The Supreme Court has dismissed repeated challenges to the Bill. Petitioners argued that the implementation of the quota lone aft the census and delimitation, was successful usurpation of women’s close to equality.
