The 104 Constitutional Amendment Act, passed in 2020, is a vital legislative measure. The 104 Constitution Amendment Act reflects India’s changing approach to social justice and political representation. This Amendment primarily focuses on increasing the number of seats reserved for Scheduled Castes (SCs) and Scheduled Tribes (STs) in the Lok Sabha and State Legislative Assemblies while eliminating the Anglo-Indian reservation.

The Amendment seeks to maintain political representation for marginalized communities while adapting to shifting social dynamics.

The 104 Constitutional Amendment Act is a topic relevant to the UPSC CSE context under General Studies Paper II. It is a basic topic for aspirants to understand the dynamic aspect of the 104 Constitutional Amendment Act. The 104 Constitutional Amendment Act is an essential topic for UPSC Civil Services because it highlights the key features of the Panchayati Raj of India, which are frequently discussed in the exam. Join UPSC Coaching today to boost your preparation. 

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The 104th Constitutional Amendment Act was passed by the Indian Parliament in 2020. This Amendment ended the Anglo-Indian community’s seat reservation in the Lok Sabha and State Legislative Assemblies while extending it for Scheduled Castes (SCs) and Scheduled Tribes (STs) for another ten years.

Reservation of seats in Parliament

The Scheduled Castes (SCs) and Scheduled Tribes (STs) have reserved seats in the Parliament, state assemblies, and urban and rural local bodies. Without a distinct electorate, all voters in a constituency elect these reserved members. Members of the SC and ST communities are not barred from running for a general (unreserved) seat. The Indian Constitution established this system in 1950, intending to keep it in place for the first 10 years to ensure political participation by groups deemed weak, marginalized, under-represented, and in need of special protection.

• According to Article 330 of the Indian Constitution and Section 3 of the Representation of the People Act of 1951, seats in the Lok Sabha are allocated based on the proportion of Scheduled Castes and Scheduled Tribes in the state based on its population.
• The reservation of Anglo-Indians refers to a provision in India’s Constitution that granted reserved seats in the Lok Sabha and state legislative assemblies to members of the Anglo-Indian community.
• This was intended to ensure their political representation, as they were a small minority with limited numbers and influence.
• Thus, the rationale for removing the reservation for Anglo-Indians was primarily based on the small and dwindling population of Anglo-Indians, as shown by the 2011 Census.

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104th Constitutional Amendment Act 2019 - Features

The 104th Constitutional Amendment Act of 2020 extends SCs/STs seat reservations in the Lok Sabha and State Assemblies until 2030 while abolishing the Anglo-Indian reserved seats. It also amends Article 334 to reflect these changes.

• Extension of SC/ST Reservation: The Amendment extends the reservation of seats for SCs and STs in the Lok Sabha and State Legislative Assemblies for another ten years, until 2030.
• Abolition of the Anglo-Indian Reservation: The Amendment removed the provision for the Anglo-Indian community to be represented by two seats in the Lok Sabha and one in the State Legislative Assemblies. This provision was initially enacted to ensure the representation of this small community.
• Article 334 Amendment: Article 334, which initially provided for the reservation of seats for SCs, STs, and Anglo-Indians in Parliament and State Assemblies, was also amended to reflect the abolition of the Anglo-Indian reservation while retaining the SCs/STs reservation.

The Procedure Followed For This Amendment

It was introduced by Ravi Shankar Prasad, ex-Minister of Law and Justice, in the Lok Sabha on December 9, 2019. An attempt was made to amend Article 334 of the Constitution. Finally, the bill was passed by the Lok Sabha in December 2019. There were 335 votes in favour of it and 0 votes against it. The bill was then introduced in the Rajya Sabha. In Rajya Sabha, it received 163 votes in favour and 0 votes against it. Hence, it was pleased by the Rajya Sabha on December 12, 2019.

On January 21, 2020, the Amendment received the assent of the president of India. Ram Nath Kovind. The very day it was published in the official Gazette of India and came into force on January 25, 2020.

Changes Brought By This Amendment

An amendment was made to Article 334 of the Indian Constitution. It further extended the deadline for 10 years until January 26 2030, for the seats reserved for members of SCs and STs in the Lok Sabha and Legislative Assemblies of the state.

At present, the whole of India is divided into 543 constituencies to elect members to the Lok Sabha. According to the Delimitation Commission Report, 2008, 412 seats are for general, 84 seats for the SCs and 47 seats for the STs. Earlier, it was 79 and 41 for SCs and STs, respectively.

However, the Amendment ceased the reservation of seats for Anglo-Indians. It did not extend the period of reservation of the two Lok Sabha seats reserved for members of the Anglo-Indian community. So, it abolished the practice of nominating two members belonging to the Anglo-Indian community to the Lok Sabha by the President of India on the recommendation of the Prime Minister of India.

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Purpose Behind The Amendment

The law also binds the legislature. It has to give accurate reasons for its decisions because amending the constitution of India is a responsible and sensitive thing which can influence the citizens of the country.

Mr Ravishankar Prasad clearly provided the reason behind the 104th Constitutional Amendment Act in the statement of objects and reasons. He clearly stated the fact that the Scheduled Castes and Scheduled Tribes have made significant progress in the last 70 years. But despite this progress, the factors that impact the Constituent makers while making provisions for the reservation of seats are still the same. Therefore, to maintain the Constitution’s inclusive character, as envisioned by the founding fathers, it was necessary to make an amendment.

The other reasons behind the 104th Constitutional Amendment Act are given below:

• First of all, the community has made great strides and established itself.
• Secondly, the population of Anglo-Indians has shrunk so low that there are even fewer than 500 people who identify themselves as belonging to that community. 
• Thirdly, it allows the nation to move forward and let go of its historical burdens.

This Amendment was related to different specific communities, just like Anglo-Indians. The population related to this community has blended in with the nation’s population. They share the same pride in being Indian as all other citizens.

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Significance Of The 104th Constitutional Amendment Act

The 104th Constitutional Amendment Act is an important amendment made according to the changing societal requirements. The efforts were made to secure the right of representation in politics of the socially and educationally backward communities. Even the Preamble to our Constitution lays down the ideal of equality of status and opportunity for all the citizens of India. So, to assure equality among people, 10 years of extension in political reservation is granted to Scheduled Castes and Scheduled Tribe communities.

• The 104th Constitutional Amendment Act is a key amendment made to reflect changing societal needs.
• It aims to secure political representation for socially and educationally backward communities.
• The Amendment aligns with the Preamble’s ideal of equality of status and opportunity for all citizens.
• To ensure this equality, political reservation for Scheduled Castes (SCs) and Scheduled Tribes (STs) was extended by 10 years.
• This step reaffirms the commitment to inclusive governance and social justice.

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Criticism Against The 104th Constitutional Amendment Act

The 104th Amendment Act has received a lot of criticism because of the reservation system. The reservation system was initially started to provide equal access to resources to all communities of people. But as we see today, it has failed to fulfil its purpose. Those communities continue to be recognized as socially disadvantaged groups, though the nation has grown economically.

One of the main contentions that was raised against this Amendment was why the reservation for Anglo-Indians was not extended yet. The statement of object and reasons provided for the Amendment did not specify any particular reasons for the non-extension of reservation for Anglo-Indians.

The Supreme Court held in Bombay vs. Vasantsen Dwarkadas (1962) that a particular statement of objects and reasons for enacting a particular piece of legislation cannot be used to interpret the legislation if the language employed therein is clear enough. However, the statement of objects and reasons can be used to determine the situation that led to the legislation and to determine what the mischief was that the legislation was intended to address.

The members of the Parliament considered the reasons and the objectives that were suggested by the founding fathers of the constitution of India and extended the reservation for the scheduled castes and scheduled tribes, keeping those in mind. When it came to the community like the anglo-indians, however, the approach was not taken.

Moreover, these subsequent and repeated extensions of the reservation granted to SCs and STs deprived the candidate of the electorate of their choice, and they were not able to vote independently. This causes a circumstance of a limited electorate where some people see it as a barrier to their fundamental right to equality under Article 14 of the constitution of India. These communities have been enjoying reservations for a long time, and now, many do not even need them. The government must carve out a new policy to identify people who need to be encouraged and not be exploited at the cost of other people’s basic needs just in the name of reservation.

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