105th Constitutional Amendment Act Flashcards
What does the 105th constitutional amendment do
Restores the powers of union and state governments to identify and recognize the socially and economic backward classes
What was it previously called
127th constitutional amendment bill
In which case did the states and UTs lose the power to identify SEBCs
Maratha Quota case
Which article does the amendment amend?
Article 342A which states that the power to identify the SEBCs lies with the President
What amendment is done
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
Which other articles were amended? ( From 105th amendment act )
Articles 338B and 366
Which landmark judgment is associated with the reservations for OBC and SC/STs
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
What did the Indra Sawhney case do ?
50% cap on reservations were put, emphasis of social backwardness was done, and the concept of creamy layer was introduced
To what is the creamy layer applicable to
The creamy layer concept is applicable only to the OBCs and not to the SC/STs
Creamy layer crtieria
Currently, income should be more than 8 Lakh Rupees ( it is supposed to be revised every 3 years )
Total count of SEBCs in the country
There has never been any official count, the Mandal Commission in 1980 estimated the OBC population to be 52% of the population back then
What did the Mandal commission recommend
OBCs be granted 27% reservation of jobs under central government and PSUs, thereby taking total reservations for OBCs anD SC/STs to 49%
Which article of the Indian constitution prescribes the government to make reservations for SEBCs and SC/STs
Article 15(4), 15(5) and 16(4)
Which caste census did the Mandal Commission take into account
1931 ( the last caste wise census )
Which amendment introduced Articles 338B and 342A
102nd Constitutional Amendment Act, 2018