Ninety-fifth Amendment of the Constitution of India
The Ninety-fifth Amendment of the Constitution of India, officially titled The Constitution (Ninety-fifth Amendment) Act, 2009, extended the period of reservation of seats for the Scheduled Castes (SCs), Scheduled Tribes (STs), and representation of the Anglo-Indian community in the Lok Sabha and the State Legislative Assemblies for an additional period of ten years, up to 26 January 2020. This amendment ensured the continuation of political representation for historically marginalised communities in India’s democratic institutions.
The amendment was passed by both Houses of Parliament in August 2009, received the assent of President Pratibha Patil on 18 January 2010, and came into effect on 25 January 2010.
Background and Historical Context
Article 334 of the Constitution of India originally stipulated that the special representation and reservation of seats for Scheduled Castes, Scheduled Tribes, and Anglo-Indians in the Lok Sabha and State Assemblies would cease ten years after the commencement of the Constitution, i.e., by 26 January 1960.
However, recognising that these communities continued to face substantial social and economic disadvantages, Parliament extended the reservation period through a series of amendments over the decades:
- Eighth Amendment (1959): Extended reservation to 1970.
- Twenty-third Amendment (1969): Extended it to 1980.
- Forty-fifth Amendment (1980): Extended it to 1990.
- Sixty-second Amendment (1989): Extended it to 2000.
- Seventy-ninth Amendment (1999): Extended it to 2010.
By the end of this sixth decade of constitutional governance, Parliament again concluded that the objectives of equality and empowerment for SCs, STs, and Anglo-Indians had not been fully realised, necessitating another extension through the Ninety-fifth Amendment.
Legislative Proposal and Enactment
The Constitution (Ninety-fifth Amendment) Bill, 2009 was introduced in the Rajya Sabha on 30 July 2009 as the Constitution (One Hundred and Ninth Amendment) Bill, 2009 (Bill No. XX of 2009) by M. Veerappa Moily, then Minister of Law and Justice. The Bill sought to amend Article 334 of the Constitution to replace the words “sixty years” with “seventy years”, thereby extending the duration of reservations and representation by another decade.
The Statement of Objects and Reasons attached to the Bill stated:
“Although the Scheduled Castes and the Scheduled Tribes have made considerable progress in the last sixty years, the reasons which weighed with the Constituent Assembly in making provisions with regard to the aforesaid reservation of seats and nomination of members have not ceased to exist. It is, therefore, proposed to continue the reservation for the Scheduled Castes and the Scheduled Tribes and the representation of Anglo-Indians by nomination for a further period of ten years.”
The Bill was debated and passed by the Rajya Sabha on 3 August 2009, and by the Lok Sabha on 4 August 2009. After being ratified by more than half of the State Legislatures, as required under Article 368(2) of the Constitution, it received Presidential assent on 18 January 2010 and was notified in The Gazette of India on 19 January 2010. The amendment came into force on 25 January 2010.
Text of the Amendment
The Ninety-fifth Amendment made a single, but significant, modification to Article 334 of the Constitution:
- In Article 334, the words “sixty years” were substituted by “seventy years”.
Following this amendment, Article 334 read:
“Notwithstanding anything in the foregoing provisions of this Part, the provisions of this Constitution relating to—(a) the reservation of seats for the Scheduled Castes and the Scheduled Tribes in the House of the People and in the Legislative Assemblies of the States; and(b) the representation of the Anglo-Indian community in the House of the People and in the Legislative Assemblies of the States by nomination,shall cease to have effect on the expiration of a period of seventy years from the commencement of this Constitution.”
Thus, the reservation and special representation provisions were extended up to 26 January 2020.
Ratification by States
As the amendment affected the federal distribution of powers between the Union and the States, it required ratification by at least half of the State Legislatures under Article 368(2). Among those that ratified the amendment were:
- Assam – 5 September 2009
- Mizoram – 19 October 2009
- Bihar – 21 December 2009
- Manipur – 14 January 2010
Several other States subsequently ratified it, ensuring the Bill’s compliance with constitutional procedures before Presidential assent.
Significance of the Amendment
The Ninety-fifth Amendment was part of a long constitutional tradition aimed at ensuring inclusive representation within India’s democratic framework. Its significance can be understood under several dimensions:
- Political Empowerment of Marginalised CommunitiesThe amendment continued the constitutional guarantee of representation for Scheduled Castes and Scheduled Tribes in the national and state legislatures, thereby safeguarding their participation in the political process.
- Recognition of Continuing InequalitiesDespite socio-economic progress, the persistence of caste-based discrimination, economic disparities, and underrepresentation necessitated the continuation of reservations to ensure political equality.
- Preservation of Minority RepresentationThe Anglo-Indian community, though small in number, continued to enjoy representation through nominated members in the Lok Sabha and certain State Assemblies, reflecting India’s commitment to pluralism and inclusivity.
- Constitutional ContinuityThe amendment maintained the spirit of the founding vision of the Constitution, which envisaged temporary reservations until substantive equality could be achieved, though successive extensions have acknowledged the enduring nature of social inequalities.
Relation to Previous and Subsequent Amendments
The Ninety-fifth Amendment followed a long series of constitutional extensions related to Article 334:
| Amendment | Year | Period Extended To | Key Feature |
|---|---|---|---|
| 8th Amendment | 1959 | 1970 | First extension of reservation period |
| 23rd Amendment | 1969 | 1980 | Continued reservation for SCs, STs, and Anglo-Indians |
| 45th Amendment | 1980 | 1990 | Extended for another decade |
| 62nd Amendment | 1989 | 2000 | Extended post-1980s reforms |
| 79th Amendment | 1999 | 2010 | Brought reservation into the new millennium |
| 95th Amendment | 2009 | 2020 | Extended reservation for seventy years |
| 104th Amendment | 2019 | 2030 | Extended for SCs and STs; discontinued Anglo-Indian representation |
The 104th Amendment (2019) ultimately extended reservation for SCs and STs up to 2030, but discontinued special representation for the Anglo-Indian community, marking a major change in India’s affirmative representation framework.
Broader Implications
The Ninety-fifth Amendment reflects the Indian Constitution’s adaptive and pragmatic approach to social justice. While the Constituent Assembly initially envisaged a 10-year limit for such reservations, the repeated extensions reveal the enduring challenges of achieving socio-political parity.
Key implications include:
- Sustained Legislative Inclusion: SC and ST voices continued to influence policymaking at both national and state levels.
- Symbolic Continuity: The amendment reaffirmed India’s moral and constitutional commitment to the upliftment of disadvantaged communities.
- Debate on Permanence of Reservations: The periodic extensions also reignited discussions on whether political reservations should continue indefinitely or be replaced with broader measures of empowerment.