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104 Amendment of Indian Constitution – Impact, 104 Constitutional Amendment Act

By BYJU'S Exam Prep

Updated on: November 14th, 2023

104 Amendment of Indian Constitution ceased the reservation of seats for the Anglo-Indians in the Lok Sabha and State Legislative Assemblies. It extended the reservations for SCs and STs for up to ten years. The bill attempted to amend the Constitution’s Article 334. The makers of the Indian Constitution had perceived a need for a reservation system as the socially backward classes were not given their due share in the process of decision-making, administration, education, etc. Reservation in India is a government policy backed by the Indian Constitution through various amendments.

The 104 Amendment of Indian Constitution extends the deadline for the abolition of the reservation of seats by 10 years in the Lok Sabha and State Legislative Assemblies for members of Scheduled Castes and Scheduled Tribes. The reservation of seats for the SCs and STs was set to expire in 2020 as mandated by the 95th Amendment. This article will throw light on the 104 Constitutional Amendment Act, its background, needs, and recent updates, along with its criticism.

104 Amendment of Indian Constitution

The Scheduled Castes (SC) and Scheduled Tribes (ST) have seats reserved in the Indian Parliament, state assemblies, and urban and rural-level organizations. The Indian Constitution established 104 Constitutional Amendment Act in 1950, intending to keep it in place for the first ten years to secure political participation by groups considered weak, marginalized, under-represented, and needing special protection.

104 Constitutional Amendment Act UPSC Notes

As per Article 334 of the Indian Constitution, Anglo-Indians, the Scheduled Castes, and Scheduled Tribes have been provided with reservations since 1950. Various amendments have been made to the Constitution to extend this reservation every 10 years.

  • The last extension in 2010 was to expire on 26th January 2020 and was extended by the 104th Constitutional Amendment Act for a period of 10 years (till 2030).
  • Through the 104 Constitutional Amendment Act, the practice of nominating two members of the Anglo-Indian community by the President of India was abolished, and the reservations for SCs and STs in the Lok Sabha and State Legislative Assemblies were extended for up to ten years.

BYJU'S UPSC Toppers 2023
The article will briefly cover the reservation system in India, the Reservation of seats in the Parliament, and the subsequent amendments to the Constitution of India regarding the Reservation of seats in the Parliament.

104 Amendment Act for Reservations of Seats in the Parliament

The SCs and STs have seats reserved in the Indian Parliament, state assemblies, and urban and rural-level organizations. Article 15(4) and Article 16(4) of the Indian Constitution allows the federal government and state governments to reserve seats in government services for members of the SC and ST communities.

Article 334 of the Indian Constitution provided exclusively for quota in legislatures to the Anglo-Indians and the SCs and STs. According to Article 330 of the Constitution of India and Section 3 of the Representation of the People Act of 1951, seats for Scheduled Castes and Scheduled Tribes in the Lok Sabha are allocated based on the proportion of their population in the State.

  • In India, the Anglo-Indian group was the only one to have representatives in the Lok Sabha of the Indian Parliament.
  • The idea for the reservation of Anglo-Indians can be accredited to Frank Anthony, who was the president of the All-India Anglo-Indian Association.
  • Article 331 and Article 333 of the Indian Constitution allowed for the nomination of two Anglo-Indians to the Lok Sabha and State Legislature, respectively, but that was done away with the 104 Amendment of Indian Constitution.

Anglo Indian Amendment: Who are Anglo-Indians?

The term Anglo-Indian first appeared in the Government of India Act, 1935. The roots of the Anglo-Indian community in India can be traced back to the British East India Company’s policy of encouraging marriages between its officers and local women. Article 366(2) of the Constitution defines who is an Anglo-Indian and states that:

‘An Anglo-Indian is a person whose father or any of whose other male progenitors in the male line is or was of European descent, but who is or was born within the territory of India of parents who are usually resident there and are not there for temporary purposes only.’ According to the 2011 Census, 296 people have declared themselves as Anglo-Indians.

What led to 104 Constitutional Amendment Act?

Previous Constitutional Amendments that led to 104 Amendment of Indian Constitution are as follows. Under Article 334 of the Indian Constitution, the Anglo-Indian community and the Scheduled Castes and Scheduled Tribes were granted reservations. The reservation was meant to end 20 years after the Indian Constitution’s inception but was repeatedly extended by constitutional amendments over the years.

The Eighth Amendment, 1959

This amendment changed Article 334 of the Indian Constitution. Officially known as The Constitution (Eighth Amendment) Act, 1959), the Act extended the period of reservation of seats for Scheduled Castes and Scheduled Tribes, as well as the representation of Anglo-Indians in the Lok Sabha and State Legislative Assemblies, for ten years, from 26 January 1960 to 26 January 1970.

The Twenty-Third Amendment, 1969

It again amended Article 334 of the Indian Constitution. Two basic amendments that were brought under this Constitutional Amendment were:

  • The 23rd Amendment extended the reservation of seats for Scheduled Castes and Scheduled Tribes, as well as Anglo-Indian representation in the Lok Sabha and State Legislative Assemblies, for another ten years, until January 26, 1980.
  • It ended the reservation of seats for Scheduled Tribes in Nagaland’s Lok Sabha and State Legislative Assembly.
  • It mandated that the Governor of India could not designate more than one Anglo-Indian to any State Legislative Assembly.

The Forty-Fifth Amendment, 1980

The amendment amended Article 334 of the Indian Constitution, and prolonged the reservation for Scheduled Castes, Scheduled Tribes, and Anglo-Indians for another ten years, up to 26 January 1990.

The Sixty-Second Amendment, 1989

The amendment amended Article 334 of the Indian Constitution, and prolonged the reservation for Scheduled Castes, Scheduled Tribes, and Anglo-Indians for another ten years, up to 26 January 2000.

The Seventy-Ninth Amendment, 1999

The amendment amended Article 334 of the Indian Constitution, and prolonged the reservation for Scheduled Castes, Scheduled Tribes, and Anglo-Indians for another ten years, up to 26 January 2010.

The Ninety-Fifth Amendment, 2009

This amendment lengthened the reservation for Scheduled Castes and Scheduled Tribes and Anglo-Indians for another ten years, up to 26 January 2020, by amending Article 334 of the Indian Constitution.

The One Hundred and Fourth Amendment, 2019

The One Hundred and Fourth Amendment extended by ten years the deadline for the cessation of reservation of seats in the Lok Sabha and state legislative assemblies for members of Scheduled Castes and Scheduled Tribes till 25th January 2030.

The 104 Constitutional Amendment Act ceased the reservation of the members of the Anglo-Indian community to the Lok Sabha and State Legislative assemblies. The 104 Amendment Act of Indian Constitution came into effect on January 25, 2020.

Need for 104th Constitutional Amendment Act

The 104 Constitutional Amendment Act was introduced to the Lok Sabha by Ravi Shankar Prasad, Minister of Law and Justice. The need for the 104th Constitutional Amendment Act was observed, and even after 70 years of reservation, the socially backward sections continue to be at a disadvantage. The amendment was sought in order to maintain the Constitution’s inclusive character as envisioned by the founding fathers.

Criticism of 104 Amendment of Indian Constitution

One of the main criticisms that the 104 Amendment of the Indian Constitution faced was regarding the reservation. It was argued why the reservations for Anglo-Indians were not extended as they did for the Scheduled Castes and Tribes.

The statement of object and reason for the 104th Constitutional Amendment, 2019, justifies the stretching of the SCs and STs reservation but does not explain why the Anglo-Indian reservation was not extended.

  • In the case of Anglo-Indians, the parliamentarians took the numerical numbers from the 2011 Census rather than taking into account the Ministry of Minority Affairs Report, 2013, on the Anglo-Indian Community.
  • Whereas, for the SCs and STs, the objective of the founding fathers of the Constitution was considered by parliamentarians.
  • The Anglo-Indian community is facing a tough time as this Amendment Act questions their very existence.
  • The repeal of the Anglo-Indian representation through the 104th Amendment of Indian Constitution without consideration in the community and without any explanation being given in the Statement of Object and Reason is a concept that obliterates the community and thus silences the voices of a minority.

104 Constitutional Amendment Act UPSC

The 104th Constitutional Amendment Act is an important Current Affairs topic. The topic is subsumed under the Polity section of the UPSC Syllabus. The 104 Constitutional Amendment Act can be covered through the NCERT Books to form a base and then proceed to the standard books, such as Indian Polity by M. Laxmikant and Introduction To The Constitution Of India by DD Basu.

Students must download 104 Constitutional Amendment Act UPSC notes PDF as the topic holds importance in both the Prelims and UPSC Mains exams equally. Students must prepare the topic well to ace the exam. It is also suggested that one should practice the last few year’s questions well to understand the exam pattern better and formulate an approachable preparation strategy. The topic should be understood well in detail to analyze it critically.

Constitutional Amendment 104 UPSC Questions

Question: Which Constitutional Article deals with ‘Representation of the Anglo-Indian Community’ with the House of the People? A) Article 334, B) Article 331, C) Article 332, D) Article 333

Answer: Option B

Question: The Constitution (Eighth Amendment) Act, 1960 states: A) Article 31(2) of the Constitution was amended to provide state power of compulsory acquisition of private property, B) Extension of reservations to SC and ST and Anglo Indians, C) Substituted entry 33 of Concurrent List of 7th Schedule, D) Act 92A was added to the Union List of Seventh Schedule

Answer: Option B

Question: Recently in news 104th Constitution Amendment act has (1) Extended the reservation of seats for SCs and STs in the Lok Sabha and states assemblies from Seventy years to Eighty years (2) Provided 10% Reservation to EWS (3) Introduced Goods and Services Tax (GST) (4) Provided Constitutional Status to National Commission for Backward Classes (NCBC)

Answer: Extended the reservation of seats for SCs and STs in the Lok Sabha and states assemblies from Seventy years to Eighty years

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