The Indian Constitution, established in 1950, is the supreme law of the land. It’s a living document, designed to adapt to the evolving needs of society. Over the years, it has undergone several amendments to address contemporary issues. Article 368 empowers the Indian Parliament to amend the Constitution and outlines the procedure for doing so.
The 104th Amendment Act is a significant piece of legislation that reflects India’s commitment to ensuring representation in the legislature. Passed in 2019 and effective from January 25, 2020, it addresses reservation issues for various social groups, including Scheduled Castes (SC), Scheduled Tribes (ST), and Anglo-Indians. This amendment underscores the Constitution’s inclusivity while adapting to societal changes.
In this article, we’ll explore the 104th Amendment in depth. We’ll examine its necessity, related amendments, and the historical context of reservations for certain social groups.
Background of the 104th Constitutional Amendment Act
Reservation is a form of affirmative action by the government to uplift socially and educationally backward communities. It provides these groups with a platform to represent themselves by reserving seats in educational institutions, government jobs, and other areas. Caste-based reservations aim to advance underprivileged groups and promote social equity, addressing the deep-rooted inequality and discrimination stemming from India’s ancient caste system.
To address ongoing inequality and discrimination, the 104th Amendment extended the reservation period for SCs and STs for another ten years, until 2030. This measure was essential for ensuring social equity.
Historical Background of Reservation
The reservation system in India has its roots in the long-standing caste system. Historically, people were divided into upper and lower castes, leading to significant discrimination against lower castes. The reservation policy was introduced to address the historical injustices inflicted by the so-called "upper castes." Many lower castes were excluded from mainstream decision-making processes in administration and education, hindering their development.
In 1822, William Hunter and Jyotirao Phule first proposed the caste system in India. Later, Shahu Maharaj of Kolhapur expanded it, instituting educational reservations for non-Brahmins and the lowest socio-economic groups. The British Prime Minister Ramsay Macdonald’s ‘Communal Award’ in 1932 established separate electorates for different communities, including Muslims, Sikhs, Indian Christians, Anglo-Indians, Europeans, and Dalits.
Following discussions, M.K. Gandhi and Dr. B.R. Ambedkar signed the ‘Poona Pact’ in 1932, creating a unified Hindu electorate with specific limitations. The number of seats reserved for oppressed people was doubled compared to the ‘Communal Award.’ After independence, several programs were implemented for SCs, STs, and Other Backward Castes (OBCs).
As per Article 340 of the Constitution, the Mandal Commission was established in 1979 to identify socially and economically backward castes among Hindus and non-Hindus and recommend solutions for their advancement. The commission reported that OBCs made up around 52% of the population and recommended reserving 27% of government jobs for them.
Initially, the SC/ST reservation system was approved for ten years, but it became evident that the reservation system was still needed to address social discrimination.
One Hundred and Fourth Constitutional Amendment, 2019
The 104th Constitutional Amendment Act of 2019 brought several changes. Introduced by Ravi Shankar Prasad, Minister of Law and Justice, in the Lok Sabha on December 9, 2019, it aimed to amend Article 334 of the Constitution. The Bill passed the Lok Sabha on December 10, 2019, with 355 votes in favor and none against. It was then introduced in the Rajya Sabha, where it received 163 votes in favor and none against, passing on December 12, 2019.
On January 21, 2020, the amendment received the President of India’s assent and was published in the official Gazette of India, taking effect on January 25, 2020.
Changes Brought by This Amendment
The amendment made changes to Article 334, extending the reservation period for SCs and STs in the Lok Sabha and state legislative assemblies for ten years, until January 26, 2030. Currently, India is divided into 543 constituencies for Lok Sabha elections. According to the Delimitation Commission Report of 2008, 412 seats are for general candidates, 84 for SCs, and 47 for STs. Earlier, these numbers were 79 and 41 for SCs and STs, respectively.
The amendment ceased the reservation of seats for Anglo-Indians, abolishing the practice of nominating two Anglo-Indian members to the Lok Sabha by the President of India on the Prime Minister’s recommendation.
Reason and Purpose Behind the Amendment
The legislature must provide valid reasons for its decisions, especially when amending the Constitution, as it affects citizens’ lives. Ravishankar Prasad stated that while SCs and STs have made significant progress over the past 70 years, the factors influencing the Constituent makers to provide reservations remain unchanged. Maintaining the Constitution’s inclusive character, as envisioned by the founding fathers, necessitated the amendment.
India has become a global leader in promoting world peace, and adapting to changing times is essential. Eliminating the reservation system for the Anglo-Indian community aligns with this progress.
Other reasons for the amendment include:
- The Anglo-Indian community has made significant strides and established itself.
- The population of Anglo-Indians has decreased to less than 500 people who identify with that community.
- The nation is moving forward and letting go of historical burdens.
Now, the Anglo-Indian population has integrated with the nation’s population, sharing the pride of being Indian with all other citizens.
Who are Anglo-Indians?
The term ‘Anglo-Indian’ was first formally recognized in the Government of India Act of 1935. This community’s origin traces back to the British East India Company, with a mixed European and Indian heritage. Initially, Anglo-Indians were children born to European settlers and native Indian women. Over time, they became a distinct community.
Article 366(2) of the Indian Constitution defines an Anglo-Indian. The criteria include:
- Male ancestry of European descent.
- Domicile in India.
- Residence in India or birth to parents who have made India their permanent home.
According to the 2011 population census, 296 people identified as Anglo-Indians, highlighting their unique identity and ancestry in modern-day India.
Who are Scheduled Castes and Scheduled Tribes?
Article 341 of the Indian Constitution empowers the President to specify any caste, tribe, or group as Scheduled Castes, in consultation with the governor of a state or union territory. Scheduled Tribes are defined under Article 342.
Constitutional Provisions Relating to Political Reservation
In India’s Parliament, state legislative assemblies, and local political organizations, certain seats are reserved for SCs and STs. These members are elected by all voters in a constituency, without a separate electorate. However, these communities can also contest elections from general quota seats. This reservation system was introduced in 1950 for ten years, but various amendments have extended it to ensure greater political participation for vulnerable, underprivileged, and underrepresented groups.
Key constitutional provisions related to political reservations include:
- Article 15(4): Allows the state to enact laws for the advancement of socially and educationally backward classes, SCs, and STs.
- Article 243D: Reserves seats for SCs, STs, and women in Panchayati Raj Institutions.
- Article 243T: Provides for seat reservation in Urban Local Bodies.
- Article 330: Reserves seats for SCs and STs in the lower house of Parliament.
- Article 331: Empowers the President to nominate two Anglo-Indian members to the Lok Sabha if they are not adequately represented.
- Article 332: Reserves seats in state legislative assemblies, excluding Scheduled Tribes in Assam’s autonomous regions.
- Article 333: Allows state governors to nominate one Anglo-Indian member to the state legislative assembly if they are not adequately represented.
- Article 334: Initially provided for ten-year reservation in Lok Sabha and state assemblies for SCs, STs, and Anglo-Indians, but has been amended several times to extend this deadline.
Previous Amendments Related to Political Reservation
Several previous amendments have addressed political reservations for SCs, STs, and Anglo-Indians:
Eighth Constitutional Amendment, 1959
The Eighth Amendment extended the reservation period for SCs, STs, and Anglo-Indians until January 26, 1970.
Twenty-Third Constitutional Amendment, 1969
This amendment abolished reservation for Scheduled Tribes in Nagaland’s Lok Sabha seats and limited the governor’s power to nominate only one Anglo-Indian to state assemblies. It extended reservation for SCs, STs, and Anglo-Indians until January 26, 1980.
Forty-Fifth Constitutional Amendment, 1980
Extended the reservation deadline to January 26, 1990, citing persistent conditions warranting reservation.
Sixty-Second Constitutional Amendment, 1989
Extended the reservation deadline to January 26, 2000.
Seventy-Ninth Constitutional Amendment, 1999
Extended the deadline to January 26, 2010.
Ninety-Fifth Constitutional Amendment, 2009
Extended the deadline to January 26, 2020.
Criticisms Against the 104th Amendment
The 104th Amendment has faced criticism as the reservation system was initially intended to provide equal access to resources for all communities. However, it hasn’t fully achieved its purpose, as many communities remain socially disadvantaged despite economic growth.
A major criticism is the non-extension of reservation for Anglo-Indians. The amendment’s statement of objects and reasons didn’t specify why reservation for Anglo-Indians wasn’t extended.
In the case of S.C. Prashar, Income Tax Officer, Bombay vs. Vasantsen Dwarkadas (1962), the Supreme Court held that the statement of objects and reasons cannot be used to interpret legislation if the language is clear. However, it can determine the circumstances leading to legislation and address the mischief it intends to remedy.
While the amendment extended reservation for SCs and STs, the same approach wasn’t taken for Anglo-Indians. Repeated extensions of reservation for SCs and STs have limited the electorate’s choice, potentially infringing on the right to equality under Article 14 of the Constitution. Many believe that the reservation system should be re-evaluated to identify those who genuinely need support and avoid exploiting others’ basic needs in the name of reservation.
Conclusion
The 104th Amendment Act amended Article 334, ceasing reservation for Anglo-Indians in the Lok Sabha and state assemblies, while extending reservation for SCs and STs. Some politicians argue that abolishing Anglo-Indian reserved seats is unjustified, as no clear explanation was provided. The then-law minister cited the 2011 census, showing a small Anglo-Indian population, as a reason for ending their political reservation.
Frequently Asked Questions (FAQs)
What is the need for a reservation?
Reservations aim to address inadequate representation, the caste system, historical injustice, and social and economic disparities. They provide marginalized communities with equal opportunities in education and employment, leveling the playing field with more privileged groups.
What is the significance of the 104th Constitutional Amendment Act?
The 104th Amendment is significant as it adapts to societal changes, securing the political representation rights of socially and educationally backward communities. The Preamble of the Constitution emphasizes equality of status and opportunity, and the amendment extends political reservation for SCs and STs by ten years to uphold this ideal.
Can constitutional amendment acts be challenged in court?
Yes, constitutional amendments can be challenged in court under two conditions: if they violate fundamental rights, a petition can be filed in the High Court under Article 226 or the Supreme Court under Article 32 of the Constitution.
Does the 104th Amendment Act apply to private institutions?
No, the 104th Amendment’s reservation system doesn’t apply to private institutions. However, they may voluntarily implement reservation policies to advance socially and educationally backward communities.
