The 105th Amendment of the Constitution Act, 2021 has come into effect from 15th August 2021, as given by the Ministry of Social Justice and Empowerment notification. The 105th Amendment which got the approval of the President last month, reinstates the power of the State Governments and Union Territories to see and define Socially and Economically Backward Classes (SEBCs).
Prior to this, the 102nd Constitutional Amendment Act, 2018 while providing constitutional status to NCBC also authorizes the President to tell the list of SEBCs for any state or union territory for all causes.
The 105th Constitution Amendment overrules the explanation provided by the Supreme Court of India in the Maratha Quota Case. The 105th Constitution Amendment Act amends Article 342A to state that the power of the President to specify the socially and educationally backward classes in the Central List for the Central Government. It also incorporates clause (3) to Article 342A, which states that states and union territories will have the power to determine and specify SEBCs for their causes and that such a list can vary from the Central list.
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