The 105th Amendment of the Indian Constitution, officially understood as the Constitution (One Hundred and Fifth Amendments) Act, 2021, fixed the authority of State governments to identify Socially and Educationally Backward Classes (SEBCs), including Other Backward Classes (OBCs). This Amendment was enacted in reaction to the Supreme Court's 2021 order that the 102nd Amendment had stripped States of this control. The Amendment was swiftly enacted by both Houses of Parliament and acquired Presidential Assent on August 18, 2021.

This topic is related to the General Studies Paper II, which covers Initiatives directed at Indian polity & Governance, the Constitution of India, International Relationships, Social Justice, etc. This article is of massive importance for UPSC CSE Exam aspirants. Join UPSC Coaching today to elevate your preparation. 

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What is 105th Amendment of the Indian Constitution?

The Constitution (One Hundred and Fifth Amendments) Act, popularly known as the 105th Amendment of the Indian Constitution, 2021, fixed the right of state governments to define SEBCs or Socially and Educationally Backward Classes. SEBCs are community categories, such as OBCs (Other Backward Classes), for which the Indian state may make specific requirements or take affirmative moves. On August 18, 2021, the President of India signed the 105th Amendment of the Indian Constitution into regulation. The bill aims to correct state governments' power to determine which OBCs are educationally and socially backward. Since its first implementation in 1950, there have been 106 total amendments. The Indian Constitution experienced amendments from 2019 to 2025, with the latest one made on September 28 2023.

The latest Amendment to the Indian Constitution 2021 is the 105th Constitutional Amendment Act 2021. The 105th Amendment Bill is desired to restore state governments' power to determine OBCs who are socially and educationally backward. 

• The 105th Amendment of the Indian Constitution will modify clauses 1 and 2 of Article 342A and add a new clause, 3. 
• This Bill will also amend Articles 366 (26c) and 338B. It is indicated to confirm that states can keep the "state list" of OBCs. 
• The objective of the 102nd Amendment was to launch a Central List that would be operated only by the Central Government and its organizations. It had nothing to do with the State Lists of Weaker Sections or the powers of the State governments to announce a community backward. 
• About 671 OBC communities would benefit from the step as they would have lacked permits to reservations in commercial and academic institutions if the state list were eliminated. 

This step facilitates social empowerment. Also, it shows the government's responsibility to safeguard marginalized peoples' fairness, possibility, and satisfaction.

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Prime Reasons for Latest Amendment of the Indian Constitution (105th)

The 105th Amendment aims to restore the power of the states and the Union Territories to make their own OBC list. According to the Constitution of India, Articles 15(4), 15(5), and 16(4) confer power on a state to identify and declare the list of socially and educationally backward classes. As a matter of practice, separate OBC lists are drawn up by the Centre and each state concerned. The Amendment was thought necessary because the SC, in its order on the Maratha reservation, upheld the 102nd Constitutional Amendment Act. It inserted Articles 338B and 342 A (with two clauses) after Article 342, which said the President of India, in consultation with the Governors, would specify socially and educationally backward classes, taking away the powers of State governments to do so. 

Important Dates & Events Directing to the 105th Amendment of the Indian Constitution

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The 105th Amendment of the Indian Constitution Act of 2021 is the latest Amendment to our Constitution. It mainly concentrates on reforming the state government's power to identify Other Backward Classes (OBCs) who are economically and socially backward. The Act was enacted on August 18, 2021, and its significance is addressed below. These collectively emphasise the lawful and legislative journey leading to the 105th Amendment, providing states with the power to handle socioeconomic requirements effectively.

• This 105th Amendment of the Indian Constitution bill encourages social freedom & empowerment.
• The purpose of the 105th Constitutional Amendment Act is to designate a Central List that will only be used by the Central Government and its organisations.
• Nothing to do with state lists of retarded categories or state governments' power to announce a community retarded.
• The bill would help roughly 671 OBC communities because they wouldn't have complete rights to reservations in areas of business and educational institutions if the state list had been eradicated.
• Also, it shows our government's responsibility to ensure equality, possibility, and integrity for deprived groups.

Impact of 105th Constitutional Amendment Act

Significant Impacts of 105 Constitutional Amendment Acts are briefly discussed below. The 105th Constitutional Amendment Act addressed the matter by amending Article 342A clauses 1 and 2 and adding a new clause, clause 3. The 105th Amendment to the Indian Constitution mainly desired to reform the authority of state governments to recognise and empower Socially and Educationally Backward Classes (SEBCs). This Amendment revised Article 342A (Clauses 1 and 2) and added Clause 3 and Articles 366 and 338B amendments.

• The 105th Constitutional Amendment Act embarked on the issue by modifying clauses 1 and 2 of Article 342A and adding clause 3. Articles 366 and 338B were also modified.
• The act recovered the authority of state governments to declare the purely and intellectually deprived categories.
• Arguments for and against the constitutional reservation requirement have raged for years.
• After several years of sovereignty, we still try to benefit our people uniformly and eliminate discrimination and unequal treatment through reservation.
• The 105th Constitutional Amendment Act designates another endeavour to gain societal parity through national equality.
• It has reformed states' rights to collect a list of the socially and educationally underprivileged.

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