104th Constitutional Amendment Act, 2019

The Constitution of India is often called a living document. This means it evolves and adapts with the changing social, political, and economic realities of the country. One of the significant ways this adaptation happens is through constitutional amendments. The 104th Constitutional Amendment Act, passed in 2019, is an important piece of legislation that deals with political reservation in India.

Understanding Political Reservation in India

Political reservation refers to the practice of setting aside a certain number of seats in legislative bodies for specific underprivileged communities. In India, this mainly includes Scheduled Castes (SCs), Scheduled Tribes (STs), and until recently, the Anglo-Indian community.

The primary purpose of political reservation is to ensure adequate representation of communities that have faced historical discrimination and social exclusion. Reservation allows them to participate actively in the democratic process and have their voices heard in lawmaking and governance.

Historical Background of Reservation

India’s reservation policy is deeply rooted in its history. The caste system, which divided society into hierarchical groups, led to many communities being socially and economically marginalised.

The first formal move towards political reservation came during British rule. In 1932, the British government introduced the ‘Communal Award’, which provided separate electorates for different communities, including SCs, STs, Muslims, Sikhs, and Anglo-Indians.

However, this was met with resistance. Mahatma Gandhi strongly opposed separate electorates for the so-called “Depressed Classes” (now SCs) and embarked on a fast unto death. This led to the ‘Poona Pact’ between Gandhi and Dr. B.R. Ambedkar, which replaced separate electorates with reserved seats within a joint electorate system. The Pact effectively increased the number of reserved seats for SCs.

After independence, the Indian Constitution incorporated reservation provisions to safeguard the political rights of SCs, STs, and Anglo-Indians. Article 334 of the Constitution initially allowed for reservation of seats for a period of ten years from the commencement of the Constitution (i.e., until 1960). However, recognising the persistent social disadvantages faced by these communities, this period was extended several times through constitutional amendments.

The Journey to the 104th Constitutional Amendment

Since the original expiry date of 1960, Parliament has extended the reservation period for SCs, STs, and Anglo-Indians multiple times:

• 8th Amendment (1959): Extended reservations until 1970.
• 23rd Amendment (1969): Extended reservations until 1980, also abolished reservation for Scheduled Tribes in Nagaland.
• 45th Amendment (1980): Extended reservations until 1990.
• 62nd Amendment (1989): Extended reservations until 2000.
• 79th Amendment (1999): Extended reservations until 2010.
• 95th Amendment (2009): Extended reservations until 2020.

The 104th Constitutional Amendment Act was enacted to continue this trend but with a significant change regarding Anglo-Indian representation.

What is the 104th Constitutional Amendment Act?

The 104th Constitutional Amendment Act, 2019, amended Article 334 of the Constitution. The amendment extended the reservation of seats for Scheduled Castes and Scheduled Tribes in the Lok Sabha (the lower house of Parliament) and State Legislative Assemblies for another ten years, i.e., up to January 25, 2030.

However, the amendment did not extend the special representation provided to the Anglo-Indian community. This meant the practice of nominating two Anglo-Indian members to the Lok Sabha and similar nominations in the State Assemblies ceased on January 25, 2020.

Key Provisions of 104th Constitutional Amendment Act

• Extension of Reservation for SCs and STs: The deadline for reservation of seats was extended by ten years, allowing SCs and STs to continue enjoying reserved seats in Parliament and State Assemblies until 25 January 2030.
• Abolition of Anglo-Indian Nominations: The reserved seats for Anglo-Indians and their nomination to legislative bodies were discontinued. This decision was based on the significant decline in the population of Anglo-Indians in India.

Why Did Parliament Extend Reservation for SCs and STs?

The Law Minister, Ravi Shankar Prasad, explained in the Statement of Objects and Reasons that despite the progress made by SCs and STs over the last seven decades, the reasons for their initial reservation — mainly social and educational backwardness — still persist.

He emphasised that the founding fathers of the Constitution had envisioned an inclusive polity where every section of society is adequately represented. To uphold this inclusive character, it was necessary to continue the reservation policy for these communities.

Who Are Scheduled Castes, Scheduled Tribes, and Anglo-Indians?

• Scheduled Castes (SCs): These are groups historically subjected to untouchability and social exclusion. Their identification and inclusion in the ‘Scheduled Castes’ list are done by the President of India under Article 341, following consultation with the Governors of respective states.
• Scheduled Tribes (STs): These communities are generally geographically isolated and maintain distinct cultural identities. Their inclusion is governed by Article 342 of the Constitution.
• Anglo-Indians: This community comprises people of mixed Indian and European descent, originally emerging during the colonial period. The Constitution defined Anglo-Indians in Article 366(2) and allowed for their special representation in Parliament and State Assemblies through nominations.

Impact on Indian Democracy

The 104th Amendment preserves the constitutional promise of political inclusion for SCs and STs by ensuring their continued representation for another decade. This enables the Government and legislatures to address their concerns more effectively through elected representatives.

The abolition of Anglo-Indian nominations recognises demographic changes and the fact that this community has become well integrated into Indian society. With a population that has decreased substantially, this move allows for a more efficient use of legislative seats.

Criticisms and Challenges of 104th Constitutional Amendment

Despite widespread support, the 104th Amendment has faced criticism:

• Non-extension of Anglo-Indian Representation: Critics argue that the Statement of Objects and Reasons did not provide a detailed explanation for ending Anglo-Indian nominations. Many feel that even a small community deserves political representation in a diverse democracy.
• Repetitive Extensions for SCs and STs: Some political analysts and social commentators question the repeated extensions of reservation, arguing that they may hinder electoral freedom for the general populace. They argue for more targeted and data-driven affirmative action, rather than indefinite caste-based reservations.
• Concerns Over Equality: There are debates about whether continued reservation violates the fundamental right to equality under Article 14 of the Constitution. The balance between affirmative action and equality of opportunity remains a challenging issue.

Can the 104th Amendment Be Challenged?

Constitutional amendments can be challenged in courts under specific conditions:

• If they violate Fundamental Rights under Part III of the Constitution.
• If they breach the ‘basic structure’ doctrine, established by the Supreme Court in the landmark Kesavananda Bharati case (1973).

However, given the unanimous support in Parliament and the constitutional backing for reservation, any such challenge would face significant legal hurdles.

Conclusion

The 104th Constitutional Amendment Act is a vital step in India’s ongoing effort to balance the constitutional ideals of equality, justice, and inclusive representation. By extending reservations for Scheduled Castes and Scheduled Tribes, it ensures that these historically disadvantaged communities continue to have a voice in legislative decision-making.

At the same time, the amendment recognises social changes by ending Anglo-Indian nominations, reflecting demographic realities. As India progresses, the reservation policy will likely evolve further, requiring continuous dialogue, judicial scrutiny, and legislative wisdom.