105th Constitutional Amendment Act Flashcards

1
Q

What does the 105th constitutional amendment do

A

Restores the powers of union and state governments to identify and recognize the socially and economic backward classes

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2
Q

What was it previously called

A

127th constitutional amendment bill

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3
Q

In which case did the states and UTs lose the power to identify SEBCs

A

Maratha Quota case

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4
Q

Which article does the amendment amend?

A

Article 342A which states that the power to identify the SEBCs lies with the President

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5
Q

What amendment is done

A

The addition of clause 3 clarifies that states and UTs will have the power to identify and specify SEBCs for their own purposes, which may differ from the central list

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6
Q

Which other articles were amended? ( From 105th amendment act )

A

Articles 338B and 366

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7
Q

Which landmark judgment is associated with the reservations for OBC and SC/STs

A

Indra Sawhney case, 1992 was fought on the basis of the recommendations of B.P Mandal commission in 1980, which recommended 27% reservation for OBCs and 22.5% for SC/STs

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8
Q

What did the Indra Sawhney case do ?

A

50% cap on reservations were put, emphasis of social backwardness was done, and the concept of creamy layer was introduced

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9
Q

To what is the creamy layer applicable to

A

The creamy layer concept is applicable only to the OBCs and not to the SC/STs

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10
Q

Creamy layer crtieria

A

Currently, income should be more than 8 Lakh Rupees ( it is supposed to be revised every 3 years )

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11
Q

Total count of SEBCs in the country

A

There has never been any official count, the Mandal Commission in 1980 estimated the OBC population to be 52% of the population back then

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12
Q

What did the Mandal commission recommend

A

OBCs be granted 27% reservation of jobs under central government and PSUs, thereby taking total reservations for OBCs anD SC/STs to 49%

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13
Q

Which article of the Indian constitution prescribes the government to make reservations for SEBCs and SC/STs

A

Article 15(4), 15(5) and 16(4)

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14
Q

Which caste census did the Mandal Commission take into account

A

1931 ( the last caste wise census )

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15
Q

Which amendment introduced Articles 338B and 342A

A

102nd Constitutional Amendment Act, 2018

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16
Q

What does Article 338B establish

A

National Commission for Backward Classes

17
Q

What does Article 342A establish

A

That the President, in consultation with the governor, would specify the socially and educationally backward classes

18
Q

Which article defines the Socially and Educationally backward classes

A

Article 366

19
Q

Which commission is for sub categorizing the OBCs

A

Justice Rohini Commission, instituted in 2017, tenure extended to July 2021

20
Q

Which article deals with the appointment of a commission to investigate the conditions of backward classes

A

Article 340

21
Q

The union health ministry has just announced ___ % reservation for OBCs and ___% quota for EWS in the All India Quota scheme

A

27% reservation and 10% quota

22
Q

Which article deals with the amendments to the constitution

A

Article 368

23
Q

What did the SC hold in the maratha quota case

A

That after the introduction of 102nd amendment , states lost the power to identify SEBCs

24
Q

When was the NCBC established

A

14 August, 1993

25
Q

Under which ministry is NCBC

A

Social Justice and Empowerment , minister is Virendra Kumar

26
Q

Who is the current chairman of NCBC

A

Bhagwan Lal Sahni

27
Q

Which judgement produced the NCBC

A

Indra Sawhney

28
Q

Which amendment gave NCBC a constitutional status ?

A

102nd amendment act, 2018 ( previously 123rd constitutional amendment bill , 2017 )

29
Q

NCBC Act was passed in 19__

A

1993