105th & 106th Amendments: OBC Rights & Women’s Reservation

Fact-Checking and Amendments to Existing Claims

Total Number of Constitutional Amendment

106 amendments as of February 2025. The 106th Amendment (2023) is the latest, focusing on women’s reservation.

Women’s Reservation in Legislatures

The 106th Amendment mandates one-third reservation for women in the Lok Sabha, State Assemblies, and Delhi’s Legislative Assembly. Implementation awaits post-2024 delimitation and census.

Identification of OBCs by States

The 105th Amendment (2021) restored states’ rights to maintain their OBC lists, safeguarding 671 communities from exclusion.

Basic Structure Doctrine and Parliamentary Power

The Basic Structure Doctrine (established in Kesavananda Bharati, 1973) limits Parliament’s amendment power. The 42nd Amendment’s attempt to negate this was struck down in Minerva Mills (1980).

Detailed Analysis of Recent Amendments

105th Amendment Act (2021): Restoring Federal Balance

Key Provisions

Article 342A Amendments:

Clause 1: Specifies the Central List for SEBCs, applicable only to the Union.
Clause 3: Empowers states to create their own SEBC lists, distinct from the Central List.

Impact on State Autonomy:

States like Maharashtra regained authority to implement Maratha reservations, previously invalidated by the Supreme Court in 2021.

106th Amendment Act (2023): Gender Quota in Legislatures

Constitutional Changes

New Articles Inserted:

Article 330A: Reserves 33% of Lok Sabha seats for women, including sub-reservations for SC/ST women.
Article 332A: Extends similar quotas to State Legislative Assemblies.

Implementation Timeline:

Effective post-delimitation based on the first census after 2023.

Controversies and Challenges

Exclusion of OBC Women: Critics argue the amendment overlooks intersectional disparities, favoring upper-caste women.
Delimitation Delays: Political consensus on population-based seat allocation remains contentious.