·PIB·15 marks·250–350 wordsPolity

Critically analyse the trajectory of reservation-related constitutional amendments (102nd–106th) and their implications for the basic structure doctrine.

In this answer
  1. Trajectory of the amendments
  2. Implications for the basic structure

Five of the eight amendments enacted since 2014 — the 102nd to 106th — concern reservation and representation, making affirmative action the most amended terrain of the Constitution in this period [1]. Their trajectory reveals both a widening of social justice and a recurring contest with the basic structure doctrine.

Trajectory of the amendments

  • 102nd (2018): gave constitutional status to the NCBC under Article 338B, institutionalising OBC grievance redressal [1].
  • 103rd (2019): introduced 10% EWS quota via Articles 15(6) and 16(6) — the first purely economic criterion for reservation [1].
  • 104th (2020): extended SC/ST seat reservation under Article 334 and ended Anglo-Indian nominated seats [1].
  • 105th (2021): restored States' power to identify SEBCs under Article 342A, reversing the centralising reading in the Maratha reservation case [2].
  • 106th (2023): reserved one-third of Lok Sabha and Assembly seats for women through Articles 330A and 332A [3].

Implications for the basic structure

  • Validation: In Janhit Abhiyan (2022), the Court upheld the 103rd Amendment, holding that economic criteria and a breach of the 50% ceiling do not violate the basic structure [4]. This calibrates, rather than abandons, the Indra Sawhney ceiling.
  • Federal balance: the 105th shows Parliament using Article 368 to correct judicial interpretation — legitimate legislative response, yet it underlines that federalism itself is a basic-structure value.
  • Concerns: successive amendments risk diluting the equality code under Articles 14–16 if group identification lacks empirical backing; the 106th remains contingent on delimitation and Census [3].
  • Contrast: the 99th Amendment's fate shows judicial review remains an effective outer limit [1].

The trajectory reflects a maturing dialogue rather than a collision — Parliament expands the beneficiary base while the judiciary tests each expansion against equality and federalism. Anchoring future quotas in credible caste-and-income data, and operationalising women's reservation promptly, would let affirmative action advance Articles 38 and 46 while keeping the basic structure intact.

Sources

  1. 1Constitution (Amendment) Acts, 102nd onwards — Legislative Department, Ministry of Law and Justicetext and subject-matter of the 102nd, 103rd, 104th and 99th Amendments
  2. 2The Constitution (127th Amendment) Bill, 2021 — PRS Legislative Researchrestoration of States' power to identify SEBCs (enacted as the 105th Amendment)
  3. 3Women's Reservation Bill, 2023 — The Constitution (128th Amendment) Bill — PRS Legislative Researchone-third reservation via Articles 330A/332A; delimitation and Census linkage
  4. 4Janhit Abhiyan v. Union of India, Judgment dated 07.11.2022 — Supreme Court of IndiaEWS quota upheld; economic criteria and 50% ceiling not basic-structure violations
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