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What powers were reinstated to the States by the 105th Constitutional Amendment Act?
Question

What powers were reinstated to the States by the 105th Constitutional Amendment Act?

A.

Power to form new states

B.

Power to levy GST

C.

Power to identify Socially and Educationally Backward Classes (SEBCs), including Other Backward Classes (OBCs)

D.

Power to decide election dates

Correct option is C

The correct answer is (c) Power to identify Socially and Educationally Backward Classes (SEBCs), including Other Backward Classes (OBCs)

Explanation:

  • The 105th Constitutional Amendment Act, 2021 reinstated the power of State governments to identify and notify Socially and Educationally Backward Classes (SEBCs), including Other Backward Classes (OBCs).
  • This amendment was passed in response to a Supreme Court ruling that interpreted the 102nd Amendment as taking away states’ powers to determine their OBC lists.
  • The 105th Amendment clarified that both the Centre and States have the power to prepare and maintain their respective lists of SEBCs.
  • It amended Articles 338B, 342A, and 366 to ensure that states retain their long-standing authority in this matter.

Information Booster:

  • The amendment came after concerns that nearly 671 OBC communities might lose reservation benefits if states could no longer recognize them independently.
  • It reflects the need to preserve federal structure and state autonomy in implementing welfare and reservation policies.
  • The amendment received unanimous support in Parliament and was notified in August 2021.

Additional Information:

  • Option (a) Power to form new states: This authority lies with the Parliament under Article 3 of the Constitution.
  • Option (b) Power to levy GST: This was granted through the 101st Constitutional Amendment Act, 2016.
  • Option (d) Power to decide election dates: This function is handled by the Election Commission of India, not the states.
  • The 105th Amendment is a crucial step in protecting the rights of backward classes and reinforcing state-level representation and governance.

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