The Constitution (104th Amendment) Act, 2019: Extending SC/ST Reservations and Abolishing Anglo-Indian Representation

Introduction

The Constitution (104th Amendment) Act, 2019, originally introduced as the Constitution (126th Amendment) Bill, 2019, represents a significant milestone in India’s constitutional evolution regarding parliamentary representation and affirmative action policies [1]. This landmark legislation, which came into force on January 25, 2020, simultaneously extended reservation benefits for Scheduled Castes and Scheduled Tribes while discontinuing the historical provision for Anglo-Indian representation in legislative bodies across India.

The amendment emerged from decades of constitutional practice wherein reservation provisions were periodically extended through constitutional amendments. The legislation fundamentally altered Article 334 of the Indian Constitution, extending the deadline for SC/ST reservations from January 25, 2020, to January 25, 2030, while removing the nomination mechanism for Anglo-Indian community members that had existed since India’s independence.

Historical Context and Constitutional Framework

Evolution of Reservation Provisions

The reservation system for Scheduled Castes and Scheduled Tribes finds its constitutional foundation in the original framework established by India’s Constituent Assembly. Article 334 of the Constitution originally stipulated that reservation of seats and special representation would cease ten years after the commencement of the Constitution, which would have been January 26, 1960. However, recognizing the persistent socio-economic challenges faced by these communities, Parliament has consistently extended these provisions through successive constitutional amendments.

The historical trajectory of these extensions demonstrates the government’s commitment to affirmative action. The 8th Constitutional Amendment Act of 1959 first extended the reservation period, followed by the 23rd Amendment Act of 1969, the 45th Amendment Act of 1980, the 62nd Amendment Act of 1989, the 79th Amendment Act of 1999, and the 95th Amendment Act of 2009 [2]. Each extension reflected the ongoing need for constitutional protection and representation for marginalized communities in India’s democratic institutions.

Anglo-Indian Community Representation

The provision for Anglo-Indian representation emerged from the unique historical circumstances of India’s independence and the community’s distinctive position in post-colonial society. Article 331 of the Constitution empowered the President to nominate two members from the Anglo-Indian community to the Lok Sabha if the President was satisfied that the community was not adequately represented [3]. Similarly, Article 333 provided parallel powers to state Governors to nominate one Anglo-Indian member to state legislative assemblies.

This nomination system was conceptualized during the Constituent Assembly debates, largely influenced by Frank Anthony, who headed the All India Anglo-Indian Association and successfully advocated for such provisions with Jawaharlal Nehru. The rationale was that Anglo-Indians, being numerically small and geographically dispersed across the country, would struggle to achieve meaningful representation through regular electoral processes.

Legal Framework and Constitutional Provisions

Article 334: The Core Amendment

The Constitution 104th Amendment Act primarily modified Article 334 of the Constitution, which deals with reservation of seats and special representation. The amended Article 334 now reads that reservation provisions “shall cease to have effect on the expiration of a period of eighty years from the commencement of this Constitution.” This modification extended the reservation period from seventy years to eighty years, effectively providing an additional decade of constitutional protection.

The amendment specifically impacts the operation of Article 330, which provides for reservation of seats for Scheduled Castes and Scheduled Tribes in the House of the People (Lok Sabha), and Article 332, which mandates similar reservations in state legislative assemblies. These reservations are calculated based on the population ratio of SC/ST communities in each state and union territory, ensuring proportional representation in legislative bodies.

Constitutional Ratification Process

The Constitution 104th Amendment Act required ratification by state legislatures as it falls within the purview of Article 368(2)(d) of the Constitution, which deals with “the representation of States in Parliament.” This provision mandates that amendments affecting federal representation must be ratified by not less than half of the state legislatures through simple majority votes before receiving presidential assent.

The ratification process witnessed broad consensus across states, with legislatures including Maharashtra, Uttarakhand, and numerous others providing their assent to the amendment [4]. This widespread support underscored the national commitment to continuing affirmative action policies for historically marginalized communities.

Regulatory Mechanism and Implementation

Electoral Provisions for SC/ST Communities

The Constitution provides a robust framework for implementing SC/ST reservations through Articles 330 and 332. Article 330 mandates that “seats shall be reserved in the House of the People for the Scheduled Castes and the Scheduled Tribes except the Scheduled Tribes in the tribal areas of Assam.” The number of reserved seats is determined proportionally based on the population of these communities as ascertained in the latest census.

Article 332 establishes parallel provisions for state legislative assemblies, ensuring that reservation benefits extend to both central and state-level legislative bodies. The Election Commission of India, operating under the Representation of the People Act, 1951, implements these constitutional mandates through constituency delimitation and electoral procedures. Importantly, the Constitution does not bar SC/ST candidates from contesting general seats, allowing for representation beyond the reserved quota.

Administrative Framework

The implementation of reservation provisions involves multiple constitutional and statutory bodies. The Election Commission of India plays a crucial role in delimiting constituencies and ensuring proper allocation of reserved seats based on demographic data. The Ministry of Social Justice and Empowerment oversees policy implementation at the central level, while state governments manage local implementation through their respective social welfare departments.

The Delimitation Commission, established under the Delimitation Act, periodically reviews constituency boundaries and ensures that reserved constituencies are distributed fairly across different regions. This process involves careful consideration of population density, administrative convenience, and geographical factors to ensure effective representation.

Impact on Anglo-Indian Community

Termination of Nomination Rights

The Constitution 104th Amendment Act marked the end of a seventy-year constitutional provision that guaranteed Anglo-Indian representation through presidential and gubernatorial nominations. This decision was based on the assessment that the Anglo-Indian community had achieved sufficient socio-economic progress and no longer required special constitutional protection for political representation.

Union Law Minister Ravi Shankar Prasad, while introducing the bill in Parliament, cited the community’s improved socio-economic status as justification for removing the nomination provision [5]. A government panel comprising the Union Defence Minister, Home Minister, and Social Justice Minister had earlier observed that the community was performing well and did not require continued reservation benefits.

Constitutional Rights and Privileges

Under the previous framework, nominated Anglo-Indian members enjoyed most privileges of elected parliamentarians, including the right to participate in debates, vote on legislation, and serve on parliamentary committees. However, they were excluded from voting in presidential elections, as established by the Constitution’s provisions regarding electoral colleges.

The Tenth Schedule of the Constitution had provided that Anglo-Indian members could join political parties within six months of nomination, after which they would be bound by party whips like other parliamentarians. This mechanism allowed nominated members to integrate into the parliamentary party system while maintaining their representative character.

Legal Challenges and Constitutional Validity

Judicial Interpretation

The constitutional validity of reservation provisions has been subject to extensive judicial scrutiny over the decades. The Supreme Court of India has consistently upheld the constitutionality of reservation policies while establishing important precedents regarding their implementation. In landmark cases such as Indra Sawhney v. Union of India (1992), the Court affirmed the constitutional mandate for reservations while setting guidelines for their implementation.

The Court has recognized that reservation is not merely a matter of political expediency but a constitutional obligation aimed at ensuring substantive equality. This judicial philosophy has provided the legal foundation for successive extensions of reservation periods through constitutional amendments.

Contemporary Legal Framework

The current legal framework operates within the broader context of equality provisions under Article 14 and the directive principles of state policy. Article 46 specifically directs the state to “promote with special care the educational and economic interests of the weaker sections of the people, and, in particular, of the Scheduled Castes and the Scheduled Tribes, and shall protect them from social injustice and all forms of exploitation.”

Parliamentary Process and Legislative History

Introduction and Passage

The Constitution (126th Amendment) Bill, 2019, was introduced in the Lok Sabha by the Minister of Law and Justice on December 9, 2019. The bill received widespread parliamentary support, reflecting a national consensus on the need to continue affirmative action policies for SC/ST communities while reassessing the necessity of Anglo-Indian representation.

The legislative process involved detailed parliamentary debates examining the socio-economic status of affected communities, the effectiveness of existing reservation policies, and the constitutional implications of the proposed changes. Parliamentary Standing Committees conducted thorough examinations of the bill’s provisions before its passage.

State Ratification Process

Following parliamentary approval, the amendment underwent the mandatory state ratification process. States including Maharashtra, Uttarakhand, Chhattisgarh, and others ratified the amendment through their respective legislative assemblies [6]. This process demonstrated the federal consensus supporting the continuation of SC/ST reservations while accepting the termination of Anglo-Indian representation.

Contemporary Relevance and Future Implications

Socio-Economic Impact

The extension of SC/ST reservations until 2030 provides continued constitutional protection for communities that continue to face socio-economic challenges despite decades of affirmative action. Census data and socio-economic surveys indicate that while significant progress has been achieved, substantial disparities persist in education, employment, and political participation.

The decision to discontinue Anglo-Indian representation reflects changing demographic and socio-economic realities. Current data suggests that the Anglo-Indian population in India has significantly declined, with many community members having migrated to other countries. Those remaining have generally achieved socio-economic parity with the broader population.

Constitutional Evolution

The 104th Amendment Act represents the evolving nature of India’s constitutional framework, demonstrating the Constitution’s capacity to adapt to changing social realities while maintaining core principles of justice and equality. This amendment illustrates how constitutional provisions can be modified to reflect contemporary needs while preserving fundamental commitments to social justice.

Electoral and Political Implications

The extension of SC/ST reservations ensures continued political representation for these communities in an era of increasing political competition. With 131 Lok Sabha constituencies reserved for Scheduled Castes and 47 for Scheduled Tribes, these communities maintain significant electoral influence in determining government formation and policy direction.

The removal of Anglo-Indian representation closes a unique chapter in India’s constitutional history while reflecting the community’s successful integration into mainstream society. This change also eliminates potential constitutional anomalies arising from nomination-based representation in an otherwise elected legislature.

Comparative Analysis with Previous Amendments

Pattern of Extensions

The 104th Amendment Act continues the established pattern of decennial extensions that began with the 8th Amendment in 1959. Each previous extension was preceded by comprehensive reviews of the socio-economic status of SC/ST communities, consistently concluding that continued constitutional protection remained necessary.

Unlike previous amendments that simply extended existing provisions, the 104th Amendment introduced a substantive change by eliminating Anglo-Indian representation. This dual approach of continuation and termination reflects a more nuanced assessment of different communities’ contemporary needs.

Constitutional Precedents

The amendment builds upon established constitutional precedents while introducing new elements. Previous amendments had focused solely on temporal extensions without modifying the underlying structure of representation. The 104th Amendment’s approach of selective extension and termination establishes a precedent for future constitutional reviews.

Implementation Challenges and Administrative Considerations

Electoral Administration

The implementation of extended SC/ST reservations requires continued coordination between the Election Commission, Delimitation Commission, and various government departments. Regular updates to electoral rolls, constituency delimitation, and candidate verification processes must account for the extended reservation period.

State election commissions must align their procedures with the extended timeline, ensuring that local body elections also reflect the constitutional mandate for continued reservations. This coordination involves significant administrative effort across multiple levels of government.

Monitoring and Evaluation

The extended reservation period necessitates robust monitoring mechanisms to assess the effectiveness of affirmative action policies. Government agencies must develop comprehensive evaluation frameworks to measure progress in political participation, socio-economic development, and social integration.

Regular parliamentary reviews and social audits will be essential to ensure that the extended reservation period achieves its intended objectives of promoting substantive equality and social justice.

Conclusion

The Constitution (104th Amendment) Act, 2019, represents a significant milestone in India’s ongoing commitment to social justice and constitutional evolution. By extending SC/ST reservations until 2030 while discontinuing Anglo-Indian representation, the amendment reflects a nuanced understanding of contemporary social realities and the differential needs of various communities.

The legislation demonstrates the Constitution’s capacity for adaptive change while maintaining core commitments to equality and social justice. The extended reservation period provides continued constitutional protection for historically marginalized communities, while the termination of Anglo-Indian representation acknowledges the community’s successful integration into mainstream society.

As India continues to evolve as a democratic republic, the constitution 104th Amendment Act serves as a reminder that constitutional provisions must remain responsive to changing social conditions while preserving fundamental principles of justice, equality, and representation. The amendment’s implementation will require continued vigilance, evaluation, and commitment to ensuring that constitutional promises translate into meaningful social change.

The success of this amendment will ultimately be measured not merely by its legal implementation but by its contribution to creating a more inclusive and equitable society where all citizens can participate meaningfully in democratic governance and national development.

References

[1] PRS India. “The Constitution (One Hundred and Twenty-Sixth Amendment) Bill, 2019.” Available at: https://prsindia.org/billtrack/the-constitution-one-hundred-and-twenty-sixth-amendment-bill-2019 

[2] iPleaders. “All about 126th Constitutional Amendment Bill.” Available at: https://blog.ipleaders.in/126th-constitutional-amendment-bill/ 

[3] Wikipedia. “Anglo-Indian reserved seats in the Lok Sabha.” Available at: https://en.wikipedia.org/wiki/Anglo-Indian_reserved_seats_in_the_Lok_Sabha 

[4] ANI News. “Maharashtra Assembly ratifies 126th Constitution Amendment Bill.” Available at: https://www.aninews.in/news/national/politics/maharashtra-assembly-ratifies-126th-constitution-amendment-bill20200108131714/ 

[5] Law School Policy Review. “No Reason Why: Obliteration of Anglo-Indian Representation from the Indian Parliament.” Available at: https://lawschoolpolicyreview.com/2020/05/31/no-reason-why-obliteration-of-anglo-indian-representation-from-the-indian-parliament/ 

[6] LiveLaw. “Anglo Indian Representation To Lok Sabha, State Assemblies Done Away; SC-ST Reservation Extended For 10 Years.” Available at: https://www.livelaw.in/news-updates/constitution-104th-amendment-act-to-come-into-force-151919 

[7] Shankar IAS Parliament. “Constitution (126th Amendment) Bill, 2019.” Available at: https://www.shankariasparliament.com/current-affairs/constitution-126th-amendment-bill-2019 

[8] Drishti IAS. “Removal of Anglo-Indians Reservation in Legislative Bodies.” Available at: https://www.drishtiias.com/daily-news-analysis/removal-of-anglo-indians-reservation-in-legislative-bodies 

[9] Vajiramandravi. “104th Constitutional Amendment Act, Features, Need, Impacts.” Available at: https://vajiramandravi.com/upsc-exam/104th-constitutional-amendment-act/