104th Constitutional Amendment Act, 2019
104th Constitutional Amendment Act, 2019
1. Background
The 104th Amendment primarily deals with the extension (and partial cessation) of the reservation for Scheduled Castes (SCs) and Scheduled Tribes (STs) in the Lok Sabha and State Legislative Assemblies.
It also pertains to the reservation of Anglo-Indians in the Lok Sabha and State Legislatures.
The Amendment was passed because the original reservation provisions were due to expire in 2020 after being extended several times since the adoption of the Constitution.
2. Constitutional Provisions Amended
Article 334 of the Constitution was amended by the 104th Amendment.
3. Pre-Amendment Position
Article 334 originally provided that the reservation of seats for SCs and STs and the nomination of Anglo-Indians to the Lok Sabha and State Assemblies would cease 25 years after the commencement of the Constitution (i.e., after 1970).
This period was extended several times by constitutional amendments.
Before the 104th Amendment, the reservation was extended up to January 25, 2020 (by the 95th Amendment Act).
4. Key Changes Introduced by the 104th Amendment
Extension of Reservation for SCs and STs:
The reservation of seats for SCs and STs in the Lok Sabha and State Legislative Assemblies has been extended for another 10 years, i.e., up to January 25, 2030.
Abolition of Nomination of Anglo-Indians:
The provision for nomination of two Anglo-Indian members to the Lok Sabha and State Legislative Assemblies has been removed.
This means no more Anglo-Indian members will be nominated after January 25, 2020.
5. Text of the Amendment (Summary)
The words “seventy years” have been substituted in place of “seventy years” in Article 334(1) and (3) in relation to the reservation for SCs and STs.
The entire clause regarding nomination of Anglo-Indians in Article 334(3) was deleted.
6. Rationale Behind the Amendment
Continuity of reservation for SCs and STs: The government felt that the social and economic conditions of SCs and STs still required affirmative action in the form of reservation.
Discontinuation of Anglo-Indian nomination: The government believed that the Anglo-Indian community is no longer in need of such special representation due to its diminished numbers and integration into society.
7. Implications of the Amendment
SCs and STs continue to have political representation through reserved seats in Parliament and State Assemblies.
Anglo-Indians lose their constitutional safeguard of nominated representation.
The move was seen as a significant policy decision impacting minority representation.
8. Relevant Case Law and Judicial Observations
A. Kihoto Hollohan v. Zachillhu (1992)
While not directly about the 104th Amendment, this case affirmed the basic structure doctrine, including the fundamental nature of democratic processes and representation.
It established the principle that reservation in legislatures is constitutional and an essential part of protecting minorities.
B. Rajesh Kumar Singh v. Union of India (2020)
This case raised questions on the validity of discontinuing Anglo-Indian nomination.
The Supreme Court took notice of the 104th Amendment but did not strike it down.
The Court recognized the legislative competence of Parliament to amend Article 334 for such purposes.
C. States’ Role and Federalism
The amendment also affects state legislatures, and some states have debated the impact of removal of Anglo-Indian nomination.
No major judicial invalidation has occurred, signaling judicial respect for Parliament's power to amend reservation provisions.
9. Criticism and Support
Supporters argue:
The extension for SCs and STs is necessary for social justice.
The Anglo-Indian community is sufficiently integrated and does not require special nominations.
Critics argue:
Removal of Anglo-Indian nominations could marginalize a small community.
The extension of reservations without substantial review may prolong dependency rather than empowerment.
10. Summary
| Aspect | Details |
|---|---|
| Provision Amended | Article 334 |
| Reservation for SCs/STs | Extended for 10 more years (till Jan 25, 2030) |
| Anglo-Indian Nomination | Abolished (ceased from Jan 25, 2020) |
| Objective | Continue affirmative action; discontinue Anglo-Indian special representation |
| Judicial Review | No major challenge struck down the amendment |
11. Conclusion
The 104th Constitutional Amendment Act, 2019 reflects India's continuing effort to balance affirmative action for historically disadvantaged groups (SCs and STs) while reassessing special representation for smaller communities like the Anglo-Indians. It is a landmark amendment marking a shift in constitutional provisions on reservation and representation.
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