104th Constitutional Amendment Act: Key Features and Impact
The 104th Constitutional Amendment Act brought significant changes to India's reservation policy for Scheduled Castes, Scheduled Tribes, and Anglo-Indians.
Source: GNews ParliamentThe 104th Constitutional Amendment Act, passed in 2019, extended the reservation of seats for Scheduled Castes (SCs) and Scheduled Tribes (STs) in the Lok Sabha and State Legislative Assemblies for another ten years. This extension is valid until January 25, 2030. Before this amendment, the reservation was set to expire on January 25, 2020. A key feature of the 104th Constitutional Amendment Act is the discontinuation of reserved seats for the Anglo-Indian community in the Lok Sabha and State Legislative Assemblies. Previously, the President could nominate two members from the Anglo-Indian community to the Lok Sabha, and Governors could nominate one member to State Assemblies if they felt the community was not adequately represented. This provision was not extended by the 104th Constitutional Amendment Act, effectively ending the special representation for Anglo-Indians. The Act maintains the existing reservation for SCs and STs, which was originally introduced for ten years by the Constitution (7th Amendment) Act, 1959, and has been extended periodically since then.
This Act is crucial for UPSC and State PSC aspirants under Polity (GS Paper II) and Social Justice. It highlights the government's approach to affirmative action and minority representation. Understanding the 104th Constitutional Amendment Act helps in analyzing constitutional provisions, amendments, and their socio-political implications, which are frequently tested in competitive exams.
- The 104th Constitutional Amendment Act was passed in 2019.
- It extended SC/ST reservation in Lok Sabha and State Assemblies until January 25, 2030.
- The Act discontinued reserved seats for the Anglo-Indian community.
- Previously, the President could nominate 2 Anglo-Indian members to Lok Sabha.
- The original reservation for SC/ST was introduced by the Constitution (7th Amendment) Act, 1959.
- The Anglo-Indian representation was provided under Article 331 for Lok Sabha and Article 333 for State Assemblies.
This Act, enacted in 2019, extended the reservation of seats for Scheduled Castes and Scheduled Tribes in the Lok Sabha and State Legislative Assemblies for a period of ten years, until 2030. It also removed the provision for nominated representation of the Anglo-Indian community in these legislative bodies.
SCs are groups of people in India recognized by the Constitution as historically disadvantaged and requiring special protection and affirmative action. They are listed in the Schedule to the Constitution and are eligible for reservations in education, employment, and legislative bodies.
An Anglo-Indian is a person whose father or any of whose male progenitors in the male line is or was of European descent but who is domiciled within the territory of India and is or was born within such territory of parents habitually resident therein and not established there for temporary purposes only.
Examiners often ask about the specific provisions of recent constitutional amendments, their year, and the articles they amend. Focus on the 'what' and 'why' of the 104th Amendment for UPSC and SSC exams.
Remember '104th' as '10 more years for SC/ST, 4-got Anglo-Indians'.
Frequently Asked Questions
What is the main purpose of the 104th Constitutional Amendment Act?
The main purpose of the 104th Constitutional Amendment Act is to extend the reservation of seats for Scheduled Castes and Scheduled Tribes in the Lok Sabha and State Legislative Assemblies for another ten years, until January 25, 2030. It also ended the special provision for nominating Anglo-Indian members to these bodies.
When did the 104th Constitutional Amendment Act come into effect?
The 104th Constitutional Amendment Act was passed by Parliament in December 2019 and received presidential assent on January 21, 2020. It came into effect just before the previous reservation period for SC/STs and Anglo-Indians was set to expire.
Why was Anglo-Indian representation discontinued by the 104th Amendment?
Anglo-Indian representation was discontinued because the government felt that the community was adequately represented through other means and that the population of Anglo-Indians had significantly declined, making the special nomination provision less relevant. The original intent was to ensure representation for a community that might not otherwise get elected.