Which of the following statement is correct about Constitution (105th Amendment) Act 2021?
I. President Droupadi Murmu has given her assent to the Constitution (105th Amendment) Act 2021 on 18 September 2021.
II. This Act restores the power of State Governments to identify and specify Socially and Economically Backward Classes (SEBCs).
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Correct option is C

The correct answer is (c) only II

Explanation:

• President Droupadi Murmu granted her assent to the Constitution (One Hundred and Fifth Amendment) Act, 2021, on August 18, 2021. ​
• The 105th Amendment restored the authority of State Governments and Union Territories to identify and specify Socially and Educationally Backward Classes (SEBCs), reversing the effect of the 102nd Amendment, which had transferred this power to the President. ​

Information Booster:

• Background: The 102nd Constitutional Amendment Act, 2018, had conferred constitutional status upon the National Commission for Backward Classes (NCBC) and specified that the President would notify the SEBCs for each State and Union Territory. This provision led to concerns that States had lost their authority to identify SEBCs. ​
• Judicial Intervention: In May 2021, the Supreme Court's judgment in the Maratha Reservation case held that only the Central Government had the power to identify SEBCs, effectively removing the States' authority. This decision prompted widespread demands for restoring the States' powers. ​

Supreme Court Verdict on Caste Sub-Classification: Landmark and Benchmark in 2024

The Supreme Court's ruling on the subdivision of reservation quotas for Scheduled Castes (SC) and Scheduled Tribes (ST) represents a significant shift in India's approach to social justice policies. The 7-judges bench decision not only allows state governments to subdivide these quotas but also permits the identification and exclusion of the creamy layer within the SC and ST categories from the benefits of affirmative action. This judgment could reshape the reservation landscape in India and significantly impact social justice policies.

Key Points of the Verdict:

• Subclassification of Quotas: States are now empowered to subdivide the reservation quotas for SC and STs to ensure more targeted benefits within these categories.
• Exclusion of Creamy Layer: The ruling enables the identification of the "creamy layer" (the more affluent or developed sections) within the SC/ST communities, thereby excluding them from reservation benefits, similar to the policy already in place for Other Backward Classes (OBC).
• Implications: This judgment will affect the distribution of reservations, potentially leading to a more nuanced and equitable approach to affirmative action. It raises critical questions about social justice, equality, and merit.

Constitutional Framework of Reservation:

The Indian Constitution provides the legal framework for reservations, particularly in Articles 15(4), 16(4), 46, and 341:

• Article 15(4): Empowers the state to make special provisions for the advancement of socially and educationally backward classes, including SCs and STs.
• Article 16(4): Allows reservation in appointments or posts for backward classes that are inadequately represented in state services.
• Article 46: Focuses on the promotion of educational and economic interests of SCs, STs, and other weaker sections.
• Article 341: Defines the SCs and lays down the procedure for their classification. It gives the President, after consulting with the Governor of a state, the power to specify the castes and classes as SCs in that state.

Background on Article 341(2):

• Article 341(1): Allows the President to specify the list of SCs after consulting with the state governor.
• Article 341(2): Grants Parliament the power to amend the list of SCs, either adding or excluding certain groups, via legislation.

This landmark decision emphasizes a more refined approach to reservation, focusing on the evolving socio-economic realities of SCs and STs while ensuring that affirmative action continues to serve its purpose of uplifting disadvantaged groups.