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

Question

Question

This question was previously asked in

RRB NTPC Graduate Level CBT-I Official Paper (Held On: 06 Jun, 2025 Shift 1)

Power to form new states
Power to levy GST
Power to identify Socially and Educationally Backward Classes (SEBCs), including Other Backward Classes (OBCs)
Power to decide election dates

Answer 1

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

Key Points

The 105th Constitutional Amendment Act, 2021, restored the power of States and Union Territories to identify and notify Socially and Educationally Backward Classes (SEBCs), including Other Backward Classes (OBCs).
This amendment reversed the effect of the Supreme Court judgment in the Maratha Reservation Case (2021), which held that states no longer had the power to identify SEBCs after the 102nd Constitutional Amendment.
The amendment introduced changes to Article 342A, explicitly empowering states to maintain their own SEBC lists for reservation and welfare purposes.
The 105th Amendment Act also clarified that the President's role in notifying SEBCs relates only to the Union List, while states retain autonomy over their respective SEBC lists.
This amendment was crucial in ensuring that states could continue implementing state-specific reservation policies for SEBCs and OBCs.

Additional Information

102nd Constitutional Amendment Act (2018):
- It gave constitutional status to the National Commission for Backward Classes (NCBC).
- It introduced Article 338B (NCBC) and Article 342A (SEBC notification by the President).
- It empowered the President to notify SEBCs for the Union List, with Parliament's role in regulating inclusion or exclusion.
Maratha Reservation Case (2021):
- The Supreme Court ruled that states lost the power to identify SEBCs after the 102nd Amendment.
- This judgment led to the need for the 105th Amendment to restore states' powers.
Article 342A (Post-105th Amendment):
- It distinguishes between the Union List and State List of SEBCs.
- States can now notify their SEBC lists independently of the Union List.
Significance of SEBC Identification:
- It ensures targeted reservation and welfare schemes for marginalized communities.
- Provides states the flexibility to address local socio-economic realities.
Reservation in India:
- Reservation is provided to Scheduled Castes (SCs), Scheduled Tribes (STs), and Other Backward Classes (OBCs) to ensure social justice.
- The identification of SEBCs is critical for implementing reservation policies under Article 15(4) and Article 16(4) of the Indian Constitution.