105th Amendment of Indian Constitution

105th Amendment act of Indian Constitution – Latest amendment act

The 105th amendment of Indian Constitution was passed in 2019 and brought about significant changes in the reservation system in the country. The amendment provides for extension of reservation for Scheduled Castes (SC) and Scheduled Tribes (ST) in Lok Sabha and State Assemblies for another 10 years.

The reservation system was introduced in India to ensure social justice and equality for historically marginalized communities such as Scheduled Castes and Scheduled Tribes. The Constitution of India provides for reservation in education, government jobs and elected bodies such as the Lok Sabha and state legislatures. The system of reservation is in force since the adoption of the Constitution in 1950 and is reviewed and updated from time to time to meet the changing needs of the society.

Need for the 105th Amendment act

The 105th amendment was necessary because the previous provision for reservation in the Lok Sabha and state legislatures was about to expire in 2020. The provision to extend the amendment provision for another 10 years ensures that the representation of Scheduled Castes and Scheduled Tribes continues in the highest legislative bodies of the country. The extension of the provision was supported by all major political parties in India and was passed with overwhelming support in both houses of the Parliament.

Keypoints highlights

1. The amendment also makes significant changes in the provision of reservation in promotion in government jobs.
2. The Supreme Court of India had previously ruled that reservation in promotion could be provided only if the government could prove that there was insufficient representation of Scheduled Castes and Scheduled Tribes in higher positions in the job hierarchy.
3. This decision made it difficult for the government to implement reservation in promotion effectively.
4. The 105th amendment seeks to remove this requirement and allows the government to provide reservation in promotion without proving inadequate representation.
5. This change is expected to benefit lakhs of SC and ST employees in the government sector and provide them opportunities for career growth.
6. The passage of the 105th Amendment has been widely hailed as a step towards ensuring social justice and equality for the underprivileged communities in India.
7. However, it has also been criticized by some who argue that the reservation system has not been effective in addressing the root causes of inequality and discrimination in the country.
8. They argue that the government should focus on providing quality education and job opportunities to all, rather than relying on the reservation system to address social inequality.

Significance of the 105th amendment act

1. The 105th Amendment to the Indian Constitution is a significant step towards ensuring social justice and equality for historically marginalized communities in India.
2. Extension of reservation for SCs and STs in Lok Sabha and State Assemblies for another 10 years and removal of the requirement to prove inadequate representation for reservation in promotions are important changes that will benefit lakhs of people.
3. However, there is a need for a wider dialogue on the effectiveness of the reservation system in addressing social inequality and discrimination in the country.
4. The 105th amendment of the Indian Constitution has also brought changes in the reservation system for the Economically Weaker Sections (EWS) of the society.
5. The amendment provides for reservation of 10% seats in government educational institutions and jobs for EWS candidates who do not fall under the existing reservation categories.
6. This provision was introduced to address the issue of economic inequality, as people from economically weaker sections often face discrimination and lack access to opportunities.

Impact of 105th amendment act

1. The introduction of EWS reservation has also raised concerns about the implementation and effectiveness of the reservation system.
2. Critics argue that EWS reservation will further fragment the already existing reservation categories and will not benefit those who are actually economically disadvantaged.
3. He also argues that the government should focus on providing better access to education and job opportunities for all, instead of relying on the reservation system.
4. The 105th amendment also made changes to the National Commission for Backward Classes (NCBC), a statutory body responsible for identifying and recommending inclusion or exclusion of communities in the list of backward classes.
5. The amendment provides for the establishment of a constitutional body called the National Commission for Socially and Educationally Backward Classes (NCSEBC), which will have the power to examine and recommend inclusion or exclusion of communities in the list of socially and educationally backward classes. Will have the power to do so.
6. The setting up of NCSEBC is expected to improve the effectiveness of the reservation system to ensure that the benefits of reservation reach the right communities.
7. It will also provide a platform to socially and educationally backward communities to voice their concerns and grievances.

Lastly, the 105th amendment of the Indian Constitution has made significant changes to the reservation system in the country. While the expansion of reservation for Scheduled Castes and Scheduled Tribes and the removal of the requirement to prove inadequate representation for reservation in promotions is expected to benefit marginalized communities, the introduction of EWS reservation raised questions about the implementation and effectiveness of the reservation system. expressed concern. The setting up of NCSEBC is a positive step towards ensuring that the benefits of reservation reach the right communities. However, there is a need for a wider dialogue on the effectiveness of the reservation system in addressing social inequality and discrimination in the country.

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