One Hundred and Fourth Amendment of the Constitution of India

The One Hundred and Fourth Amendment of the Constitution of India, officially titled The Constitution (One Hundred and Fourth Amendment) Act, 2019, extended the period of reservation of seats for the Scheduled Castes (SCs) and Scheduled Tribes (STs) in the Lok Sabha and State Legislative Assemblies by another ten years, up to 25 January 2030. The amendment simultaneously ended the practice of nominating Anglo-Indian members to the Lok Sabha and State Assemblies, thus marking the discontinuation of Anglo-Indian representation in legislatures after nearly seventy years of the Constitution’s operation.
The amendment came into force on 25 January 2020, following its presidential assent on 21 January 2020.

Background

The Indian Constitution, through Article 334, originally provided for the reservation of seats for Scheduled Castes and Scheduled Tribes and nomination of Anglo-Indian members in the Lok Sabha and State Legislative Assemblies for a period of ten years from its commencement, i.e., until 26 January 1960.
However, recognising that social inequalities persisted, the Parliament successively extended this period through several amendments:

• 8th Amendment (1959): Extended the reservation to 1970.
• 23rd Amendment (1969): Extended it to 1980.
• 45th Amendment (1980): Extended it to 1990.
• 62nd Amendment (1989): Extended it to 2000.
• 79th Amendment (1999): Extended it to 2010.
• 95th Amendment (2009): Extended it to 2020.

The 104th Amendment (2019) was enacted before the expiration of the earlier extension in January 2020, ensuring the continuation of these constitutional safeguards for another decade.
The government justified the extension by stating that although the SCs and STs had made significant progress in political and social spheres since independence, the original reasons for providing reserved representation had not entirely ceased to exist.

Legislative History

The Constitution (One Hundred and Twenty-Sixth Amendment) Bill, 2019 was introduced in the Lok Sabha on 9 December 2019 by Ravi Shankar Prasad, then Minister of Law and Justice.

• Lok Sabha Passage: 10 December 2019 — Passed unanimously with 355 votes in favour and none against.
• Rajya Sabha Passage: 12 December 2019 — Passed unanimously with 163 votes in favour and none against.
• Presidential Assent: 21 January 2020 (by President Ram Nath Kovind).
• Came into Force: 25 January 2020.

The amendment was not referred to any standing committee, given the approaching deadline for expiry of the previous extension.

Key Provisions

The One Hundred and Fourth Amendment modified Article 334 of the Constitution, which pertains to the period of reservation and special representation in legislatures.
1. Extension of Reservation for SCs and STs:

• The amendment substituted the words “seventy years” with “eighty years” in clause (a) of Article 334, thereby extending the reservation of seats for SCs and STs in the Lok Sabha and State Assemblies until 25 January 2030.

2. Discontinuation of Anglo-Indian Representation:

• Clause (b) of Article 334, which provided for nomination of two Anglo-Indian members to the Lok Sabha by the President and one member to each State Assembly by the Governor, was not extended.
• Consequently, this practice ceased on 26 January 2020, effectively abolishing Anglo-Indian representation in both Houses.

3. Revised Marginal Heading:

• The marginal heading of Article 334 was amended to read:“Reservation of seats and special representation to cease after certain period.”

Text of the Amendment

The revised text of Article 334 after the amendment reads:

“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 eighty years in respect of clause (a) and seventy years in respect of clause (b) from the commencement of this Constitution:Provided that nothing in this article shall affect any representation in the House of the People or in the Legislative Assembly of a State until the dissolution of the then existing House or Assembly, as the case may be.”

Purpose and Rationale

In the Statement of Objects and Reasons, Ravi Shankar Prasad, Minister of Law and Justice, explained:

“Although the Scheduled Castes and the Scheduled Tribes have made considerable progress in the last seventy years, the reasons which weighed with the Constituent Assembly in making provisions with regard to the aforesaid reservation of seats have not yet ceased to exist. Therefore, with a view to retaining the inclusive character as envisioned by the founding fathers of the Constitution, it is proposed to continue the reservation of seats for the Scheduled Castes and the Scheduled Tribes for another ten years, i.e., up to 25th January, 2030.”

This extension was intended to ensure continued political empowerment and participation of SCs and STs, particularly in states and regions where their representation remained below proportionate levels.
At the same time, the decision not to extend Anglo-Indian representation was based on the view that the community’s numbers had substantially declined and that its members had achieved adequate integration into mainstream Indian society.

Implications

1. Continuation of Political Safeguards for SCs and STs: The amendment ensures that members of Scheduled Castes and Scheduled Tribes continue to have reserved representation in Parliament and State Assemblies for another decade, maintaining India’s constitutional commitment to social justice and inclusion.
2. Abolition of Anglo-Indian Nominations:

• The amendment marked the end of Anglo-Indian reserved representation, a feature unique to India’s early constitutional framework, designed to protect a small minority community of mixed British-Indian descent.
• Since 1952, two Anglo-Indian members had been nominated to the Lok Sabha and one to each State Assembly under Article 331 and Article 333 respectively.
• With the 104th Amendment, these nominations ceased, and future Lok Sabhas do not include any Anglo-Indian nominees.

3. Parliamentary Unanimity: The amendment witnessed rare cross-party consensus, reflecting broad agreement on the necessity of continuing reservations for SCs and STs while modernising the constitutional framework by phasing out outdated provisions.

Constitutional and Social Significance

The One Hundred and Fourth Amendment carries multifaceted significance in India’s democratic and social context:

• Affirmation of Social Justice: It reaffirms India’s constitutional philosophy of ensuring political empowerment and inclusion for historically marginalised groups.
• Periodic Constitutional Review: By reviewing reservation provisions every ten years, Parliament exercises constitutional flexibility, ensuring that affirmative measures remain aligned with social realities.
• Transition in Minority Representation: The cessation of Anglo-Indian nominations marks a symbolic transition from colonial-era minority protections to a more inclusive, self-sufficient democratic representation framework.
• Continuity of Democratic Representation: The amendment ensures continuity of reserved representation in legislatures, reinforcing political voice and legislative participation among Scheduled communities.