Constitution (105th Amendment) Act Deemed To Be In Force From 15th August, 2021; Power To Identify SEBCs Back To State Govts And UTs:

4th Oct,2021

Constitution (105th Amendment) Act Deemed To Be In Force From 15th August, 2021; Power To Identify SEBCs Back To State Govts And UTs:


The Constitution (One Hundred and Fifth Amendment) Act, 2021 has come into power from fifteenth August, 2021, a new warning of the Ministry of Social Justice and Empowerment gives. The 105th Amendment Act which got the consent of the President last month reestablishes the force of the State Governments and Union Territories to distinguish and determine Socially and Economically Backward Classes (SEBCs).

Background of 105th Amendment Act -

The National Commission for Backward Classes (NCBC) was set up under the National Commission for Backward classes Act, 1992. The 102nd Constitutional Amendment Act, 2018 while giving sacred status to NCBC additionally engaged the President to advise the rundown of SEBCs for any state or association domain for all reasons. Preceding 102nd Amendment Act, the pervasive practice was that States and Union would indicate their own rundowns individually called state rundown and association list.

In the months after the 102nd Amendment Act, 2018 came into power, the Maharashtra council passed a law perceiving Marathas as a Socially and Educationally Backward Class and gave them the advantage of reservation. Hence, in Jaishri Laxmanrao Patil versus Union of India (Maratha Quota Case), the force of the Maharashtra assembly to pass a law perceiving the Marathas as SEBC came to be tested. The Supreme Court of India was hearing an allure against the reproved judgment of Bombay High Court which maintained the legitimacy of the Act. A Constitution Bench of the Supreme Court, by 3:2 greater part, held that States came up short on the ability to recognize and determine SEBCs after the 102nd Constitution Amendment Act. The larger part judgment held that after the presentation of Articles 338B and 342A to the Constitution "the last say as to incorporation or rejection (or alteration of arrangements) of SEBCs is first and foremost with the President, and from there on, in the event of adjustment or avoidance from the rundowns at first distributed, with the Parliament".

105th Constitution Amendment Act-
The 105th Constitution Amendment Act abrogates the translation given by the Supreme Court of India in Maratha Quota Case by explaining that the State Government and the Union Territories are engaged to plan and keep up with their own State List/Union domain rundown of SEBCs. Further, it explains that the President might tell the rundown of SEBCs just for the motivations behind the Central Government.