105th Amendment of Indian Constitution: OBC List Powers Restored
UPSC guide on the 105th Constitutional Amendment Act, 2021 — restoring state power to identify Socially and Educationally Backward Classes, Articles 342A, 366, 338B.
Introduction
The 105th Amendment of Indian Constitution, formally the Constitution (One Hundred and Fifth Amendment) Act, 2021, restored the power of State Governments and Union Territories to prepare and maintain their own lists of Socially and Educationally Backward Classes (SEBCs). Enacted after the Supreme Court's Maratha Reservation judgment (Dr. Jaishri Laxmanrao Patil v. Chief Minister, May 2021) held that the 102nd Amendment had vested this power exclusively with the Centre, the 105th Amendment clarified the federal balance. It amended Articles 342A, 366 and 338B, received Presidential assent on 18 August 2021 and is deemed to have come into force on 15 August 2021. The amendment affects nearly 671 OBC communities across states and is central to UPSC questions on reservation, federalism and constitutional amendments.
Background: Why the Amendment Was Needed
The 102nd Constitutional Amendment Act, 2018 inserted Article 338B (granting constitutional status to the National Commission for Backward Classes, NCBC) and Article 342A (empowering the President, in consultation with the Governor, to specify SEBCs for any State). It also added Clause 26C to Article 366, defining SEBCs.
In the Maratha reservation case (May 2021), a 5-judge Constitution Bench held 3:2 that after the 102nd Amendment only the Centre — through the President — could notify a SEBC list for each state; states could only recommend. This invalidated several state lists and created uncertainty for OBC beneficiaries.
Political consensus emerged quickly. The Union Government introduced the amendment bill in the Monsoon Session of Parliament.
Passage Through Parliament
| Stage | Date | Vote |
|---|---|---|
| Introduced in Lok Sabha | 9 August 2021 | — |
| Passed by Lok Sabha | 10 August 2021 | 385–0 |
| Passed by Rajya Sabha | 11 August 2021 | 187–0 |
| Presidential assent | 18 August 2021 | — |
| Deemed commencement | 15 August 2021 | — |
It was ratified by more than half of state legislatures, as required under Article 368 for amendments affecting federal structure.
Key Provisions of the 105th Amendment
- Article 342A amended: A new clause (3) explicitly empowers every State and Union Territory to "prepare and maintain, for its own purposes, a list of socially and educationally backward classes," distinct from the Central list.
- Article 366(26C) amended: The definition of SEBCs clarifies that the term includes those notified under Article 342A(1) for the purposes of the Central Government and, separately, those in state lists.
- Article 338B amended: Clarifies that the NCBC need only be consulted by the Centre on matters concerning the Central List, not the state lists.
- States regained the power to identify, specify and vary their SEBC lists for state-level reservations, recruitment and admissions.
Significance
Federal balance: The amendment restored co-operative federalism by reaffirming that reservation policy has historically been a concurrent exercise — states understand local caste realities best.
Protection of existing reservations: Lists affected by the Maratha judgment were revalidated, safeguarding reservations for communities like the Lingayats, Vokkaligas, Jats and Gujjars in different states.
OBC sub-categorisation: The amendment indirectly supports state-level experiments in sub-categorising OBCs, a theme later examined in the Justice Rohini Commission report.
Did not breach the 50% ceiling: The amendment explicitly did not touch the Indra Sawhney (1992) ceiling of 50% total reservation, which remains the law unless varied through a separate constitutional mechanism.
Institutional Framework for Backward Classes
| Body | Constitutional Basis | Status |
|---|---|---|
| NCBC | Article 338B (2018) | Constitutional |
| Central List of OBCs | Article 342A(1) | Notified by President |
| State List of SEBCs | Article 342A(3), post-105th | Notified by States |
| Rohini Commission | Article 340 | Examines sub-categorisation |
Related Reservation Jurisprudence
- Indra Sawhney v. Union of India (1992): 50% ceiling; creamy layer doctrine for OBCs.
- M. Nagaraj v. Union of India (2006): Conditions for SC/ST promotions.
- Jarnail Singh (2018): Modified Nagaraj on quantifiable data.
- 103rd Amendment (2019): Introduced 10% Economically Weaker Sections (EWS) reservation, upheld in Janhit Abhiyan (2022).
- Maratha Reservation Case (2021): Immediate trigger for the 105th Amendment.
UPSC Relevance
- Prelims focus: Year of enactment (2021); Articles amended (342A, 366, 338B); deemed commencement date; link to 102nd Amendment; NCBC constitutional status.
- Mains GS-II: Federalism and reservation; devolution of power to identify backward classes; judicial review of constitutional amendments; tension between uniformity and diversity in social justice.
- Sample PYQ angle: "The 105th Amendment restored an essential federal feature diluted by judicial interpretation." Critically examine in the context of OBC identification.
