One Hundred and Fifth Amendment of the Constitution of India

Constitution (One Hundred and Fifth Amendment) Act, 2021
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.