What are the implications of the 104th amendment of the Constitution of India for the reservation of seats in state legislatures .
The 104th Amendment to the Constitution of India, which took effect on January 25, 2020, carries two significant implications concerning the reservation of seats in state legislatures.
Firstly, it extends the reservation of seats for Scheduled Castes (SCs) and Scheduled Tribes (STs) for an additional decade, up to January 25, 2030. This ensures that SCs and STs maintain a proportionate representation in state assemblies, aligning with their population share as per the 2011 census.
The amendment aims to foster political empowerment and social justice for these historically marginalized groups, who still encounter discrimination and inequality across various facets of life.
Secondly, the amendment abolishes the reservation of seats for the Anglo-Indian community, which was previously a special provision under Article 334 of the Constitution. This provision allowed for two nominated members from the Anglo-Indian community in each state assembly, in addition to representation in the Lok Sabha. The amendment removes this provision due to the lack of reliable data on the population and socio-economic status of Anglo-Indians, along with improvements in their educational and economic conditions over time. However, some members of the Anglo-Indian community have opposed this change, arguing that it infringes upon their constitutional rights and diminishes their political voice.
Additionally, it highlights the necessity for periodic assessments of the reservation system's impact and effectiveness.