Constitution (One Hundred and Fifth Amendment) Act, 2021 | |
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Parliament of India | |
Territorial extent | India |
Passed by | Lok Sabha |
Passed | 10 August 2021 |
Passed by | Rajya Sabha |
Passed | 11 August 2021 |
Assented to | 18 August 2021 |
Effective | 15 August 2021 |
Legislative history | |
First chamber: Lok Sabha | |
Bill title | THE CONSTITUTION (ONE HUNDRED AND TWENTY-SEVENTH AMENDMENT) BILL, 2021 |
Bill citation | Bill No. 124 of 2021 |
Introduced by | Minister of Social Justice and Empowerment, Dr. Virendra Kumar |
Summary | |
Restores the power of State governments to recognise socially and educationally backward classes. | |
Keywords | |
Reservation, Socially and Educationally Backward Classes, Other Backward Classes, Federalism | |
Status: In force |
The One Hundred and Fifth Amendment (or 105th Constitutional Amendment) to the Constitution of India- officially known as The Constitution (One Hundred and Fifth Amendment) Act, 2021- restored the power of State governments to recognise socially and educationally backward classes (SEBCs). SEBCs, which includes the groups commonly known as Other Backward Classes (OBCs), are communities for which the State can provide "special provisions" or affirmative action in India.
In May 2021, the Supreme Court held that the 102nd Constitutional Amendment, 2018 had taken away the State governments' powers to recognise SEBCs.[1] This power had been exercised by States for decades, and regional and national parties almost unanimously demanded an amendment to restore the power. In August 2021, over just 3 days, the Bill was introduced and passed by both Houses of Parliament.[2] The 105th Constitutional Amendment Act received Presidential Assent on 18 August.
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