President Gives Assent To 105th Constitutional Amendment To Restore States' Power To Identify SEBCs

The Constitution (One Hundred and Fifth Amendment) Act, 2021 which restores the power of State Governments to identify and specify Socially and Economically Backward Classes(SEBCs) received the assent of the President of India yesterday.

The Constitution (One hundredth and twenty-seventh amendment) Bill 2021 was passed by the Parliament on 11th August,2021.

"It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.", the notification reads. The Act makes the following changes to the Constitution

1. It inserts the proviso to Article 338B  clause (9): Provided that nothing in this clause shall apply for the purposes of clause (3) of article 342A.
   
2. In article 342A of the Constitution, in clause (1), for the words "the socially and educationally backward classes which shall for the purposes of this Constitution", the words "the socially and educationally backward classes in the Central List which shall for the purposes of the Central Government" is substituted
   
3. In article 342A of the Constitution, after clause (2), the following 'Explanation' is inserted:— For the purposes of clauses (1) and (2), the expression "Central List" means the list of socially and educationally backward classes prepared and maintained by and for the Central Government. (3) Notwithstanding anything contained in clauses (1) and (2), every State or Union territory may, by law, prepare and maintain, for its own purposes, a list of socially and educationally backward classes, entries in which may be different from the Central List.'. 
4. In article 366 of the Constitution, for clause (26C), the following clause will be substituted, namely:— '(26C) "socially and educationally backward classes" means such backward classes as are so deemed under article 342A for the purposes of the Central Government or the State or Union territory, as the case may be.'

In the Maratha quota case, a Constitution Bench of the Supreme Court had held by 3:2 majority that States lacked the power to identify and specify SEBCs after the 102nd Constitutional Amendment, and that such power was with the President of India. Notably, the Supreme Court's majority verdict was against the stand taken by the Union Government that the 102nd Constitutional Amendment did not affect the power of the states. The review petition filed by the Union Government seeking a review of the judicial interpretation given to the 102nd amendment was also dismissed.

Thereafter, the Centre introduced the amendment bill before the Parliament 'to adequately clarify that the State Government and Union territories are empowered to prepare and maintain their own State List/ Union territory List of SEBCs'. The centre added that the amendment is required to maintain the federal structure of this country.

Click here to Read/Download 105th Constitutional Amendment Act