The 105th Constitutional Amendment Act, 2021, officially known as the Constitution (One Hundred and Fifth Amendment) Act, is a landmark piece of legislation in India’s pursuit of social justice and federal balance. Enacted to clarify the division of powers between the Union and the States, this amendment restored the authority of State governments and Union Territories to identify and notify Socially and Educationally Backward Classes (SEBCs), commonly referred to as Other Backward Classes (OBCs).
By reversing a restrictive interpretation by the Judiciary, the amendment ensured that the federal spirit of the Constitution remains intact, allowing states to address localized socio-economic disparities through tailored reservation policies.
The Core Objectives of the 105th Amendment
The primary catalyst for this amendment was a significant legal ambiguity regarding the legislative competence of State governments.
- Restoration of State Authority: Reinstating the power of States to maintain their own lists of SEBCs/OBCs for the purpose of state-level reservations in education and public employment.
- Clarifying the 102nd Amendment: Addressing the confusion created by the 102nd Amendment Act (2018), which had introduced the National Commission for Backward Classes (NCBC) but was interpreted by the Supreme Court as centralizing the power of OBC identification.
- Upholding Federalism: Reinforcing the dual-list system where both the Centre and States maintain independent lists to cater to their respective administrative needs.
- Protection of Beneficiaries: Safeguarding the reservation benefits of approximately 671 OBC communities that would have faced exclusion if state-specific lists were invalidated.
Historical Context and Key Legal Milestones
The journey to the 105th Amendment is marked by several pivotal moments in Indian legal history, from the Mandal commission to the Maratha reservation case.
Chronology of Events Leading to the Amendment
| Event | Year | Significance |
| Mandal Commission Report | 1980 | Recommended 27% reservation for OBCs in jobs and education. |
| Indra Sawhney Case | 1992 | The Supreme Court upheld 27% OBC reservation but capped total reservation at 50% and introduced the “Creamy Layer” concept. |
| 102nd Amendment Act | 2018 | Granted constitutional status to the NCBC and inserted Article 338B and Article 342A. |
| Maratha Quota Judgment | 2021 | The Supreme Court (in the Jaishri Laxmanrao Patil v. Chief Minister case) ruled that after the 102nd Amendment, only the President (Centre) had the power to identify SEBCs. |
| 105th Amendment Passage | 2021 | Introduced in Lok Sabha on August 9; passed by both houses within 48 hours; received Presidential assent on August 18, 2021. |
Key Constitutional Provisions Amended
The 105th Amendment made surgical changes to specific articles to ensure the legal “restoration” of power was airtight.
1. Amendment to Article 342A
- It modified clauses (1) and (2) to clarify that the President’s power to specify SEBCs is limited to the Central List for the purposes of the Central Government.
- It inserted a new Clause (3), which explicitly states that every State and Union Territory has the power to prepare and maintain its own list of SEBCs for its own purposes.
2. Amendment to Article 338B
- This article pertains to the National Commission for Backward Classes (NCBC).
- The amendment clarified that the requirement for the Centre to consult the NCBC on policy matters does not curtail the State’s power to identify backward classes.
3. Amendment to Article 366(26C)
- This article provides the definition of SEBCs.
- The amendment ensured that for the purposes of a State or UT, “SEBCs” means those backward classes identified by the respective State or UT.
Significance of the 105th Amendment
The 105th Amendment is more than just a legal correction; it is a vital tool for social equity.
- Reinforcing the Federal Structure: By returning the power of identification to the states, the Act recognizes that local governments are better positioned to understand the unique socio-economic hurdles of communities within their borders.
- Exclusivity of the Central List: It establishes that the Central OBC List is applicable only to Central Government institutions (e.g., UPSC, IITs, Central Universities), while state lists govern state-level institutions.
- Social Justice Continuity: Without this amendment, hundreds of communities across India would have been stripped of their “backward” status at the state level, leading to mass social and political unrest.
- Institutional Clarity: It settled the conflict between the Executive and the Judiciary regarding the interpretation of the 102nd Amendment.
Impact on the Reservation Landscape
The amendment effectively restored the status quo ante (the state of affairs as they existed before) regarding the Maratha Quota judgment.
- Legislative Competence: States regained the “legislative competence” to identify backward classes under Articles 15(4), 15(5), and 16(4).
- Targeted Welfare: It enables states to provide focused benefits to underrepresented groups without waiting for central notification.
- Addressing Disparities: It acknowledges that India’s vast diversity means a community might be socially backward in one state but not in another.
FAQs: 105th Constitutional Amendment
WHAT IS THE MAIN PURPOSE OF THE 105TH CONSTITUTIONAL AMENDMENT ACT?
The primary purpose is to restore the power of State governments and Union Territories to identify and notify their own lists of Socially and Educationally Backward Classes (SEBCs/OBCs).
WHICH SUPREME COURT JUDGMENT LED TO THE ENACTMENT OF THIS AMENDMENT?
The Maratha Reservation Case (2021) judgment, where the Court interpreted that the 102nd Amendment had taken away the states’ power to identify OBCs, led to the 105th Amendment.
WHICH ARTICLES OF THE INDIAN CONSTITUTION WERE AMENDED BY THE 105TH ACT?
It amended Articles 342A, 338B, and 366(26C) to clarify state and central jurisdictions.
DID THE 102ND AMENDMENT INTEND TO TAKE AWAY STATE POWERS?
The Government maintained that the 102nd Amendment was intended only to give constitutional status to the NCBC, not to strip states of their powers, but the 105th was needed to clarify this legally.
HOW DOES THE 105TH AMENDMENT PROTECT THE OBC COMMUNITIES?
It ensures that over 671 OBC communities continue to receive reservation benefits in state-run educational institutions and government jobs.
IS THE CENTRAL LIST OF OBCs DIFFERENT FROM THE STATE LIST?
Yes. Following this amendment, the Central List is for Central Government purposes, while each state maintains its own independent State List for state-specific benefits.
DOES THIS AMENDMENT CHANGE THE 50% CAP ON RESERVATIONS?
No, the 105th Amendment specifically deals with the power to identify backward classes; it does not alter the 50% ceiling established in the Indra Sawhney case.
HOW MANY AMENDMENTS HAS THE INDIAN CONSTITUTION UNDERGONE AS OF 2026?
While the text mentions 106 amendments by late 2023, as of early 2026, the count has progressed further (including the Women’s Reservation Bill/106th Amendment).
WHAT IS THE ROLE OF THE PRESIDENT UNDER ARTICLE 342A AFTER THIS AMENDMENT?
The President specifies the SEBCs only for the Central List, in consultation with the Governor of the concerned state.
