Republic Day 2026: How was the Constitution amended in PM Modi’s second term

As India celebrates its 77th Republic Day in 2026, it is imperative to reflect on the significant constitutional shifts that have reshaped the nation's social and political landscape during Prime Minister Narendra Modi's second term, spanning from 2019 onwards. These amendments, primarily targeting enhanced representation for Scheduled Castes (SC), Scheduled Tribes (ST), Other Backward Classes (OBC), and women, underscore a determined policy thrust towards social justice and inclusive governance. For aspirants of UPSC, SSC, Banking, and State PSC examinations, a comprehensive understanding of these legislative milestones is not merely about current affairs but forms the bedrock of Indian polity and constitutional law.

Since 2019, Prime Minister Narendra Modi's government has enacted three pivotal constitutional amendments, profoundly impacting India's representative democracy. The 104th Constitutional Amendment Act, 2019, extended political reservations for Scheduled Castes and Scheduled Tribes in the Lok Sabha and State Legislative Assemblies for another decade, until January 25, 2030, while simultaneously discontinuing the nomination of Anglo-Indian members. Following this, the 105th Constitutional Amendment Act, 2021, addressed a critical aspect of federalism by restoring the states' power to identify and specify Socially and Educationally Backward Classes (SEBCs) for their respective state lists. Most recently, the landmark 106th Constitutional Amendment Act, 2023, famously known as 'Nari Shakti Vandan Adhiniyam', mandated a 33% reservation for women in the Lok Sabha, State Legislative Assemblies, and the Legislative Assembly of the National Capital Territory of Delhi, though its implementation is tied to future delimitation exercises post-census. These amendments collectively represent a major policy overhaul, reinforcing affirmative action, empowering states in social policy, and addressing historical gender imbalances in political representation, making them indispensable for competitive exam preparation focusing on polity, governance, and social justice.

The constitutional amendments passed during Prime Minister Modi's second term are not isolated events but are deeply rooted in India's post-independence journey towards an equitable and representative democracy. Each amendment addresses long-standing demands and constitutional interpretations.

Historical Evolution:

• SC/ST Reservations: The concept of reserved seats for Scheduled Castes and Scheduled Tribes in legislative bodies originated from the Poona Pact of 1932 and was enshrined in the Constitution under Articles 330 and 332. Initially provided for a period of ten years (Article 334), these reservations have been consistently extended by successive governments through various constitutional amendments (e.g., 23rd, 45th, 62nd, 79th, 95th CAAs) to ensure their continued political representation, reflecting the ongoing need for affirmative action. The 104th Constitutional Amendment Act, 2019, marked the tenth such extension.
• Anglo-Indian Representation: The provision for nominated Anglo-Indian members (Article 331 for Lok Sabha, Article 333 for State Assemblies) was a temporary measure designed to ensure representation for a community deemed not adequately represented through elections. With improved assimilation and the community's declining population (estimated at 296 in Census 2011), the need for this special provision was debated, leading to its discontinuance by the 104th CAA.
• OBC Identification and State Powers: The issue of identifying Other Backward Classes (OBCs) gained prominence with the Mandal Commission Report (1980) and the subsequent Supreme Court judgment in the Indra Sawhney case (1992), which upheld OBC reservations but mandated a clear identification mechanism. The 102nd Constitutional Amendment Act, 2018, granted constitutional status to the National Commission for Backward Classes (NCBC) and introduced Article 342A, which specified that the President, in consultation with governors, would notify a central list of SEBCs. This amendment, however, led to an interpretation that states lost their power to identify SEBCs for their own state lists, causing significant federal friction and prompting the 105th Constitutional Amendment Act, 2021.
• Women's Reservation: The demand for women's reservation in legislative bodies has a long and complex history, dating back to the 1990s. Various attempts were made to introduce a Women's Reservation Bill (e.g., 81st CAA Bill in 1996, 108th CAA Bill in 2008), but they consistently failed to pass due to lack of consensus. Reports from the Committee on the Status of Women in India (1974) and subsequent parliamentary committees highlighted the severe underrepresentation of women. The 106th Constitutional Amendment Act, 2023, finally addressed this historic imbalance, albeit with a deferred implementation clause.

Constitutional/Legal Framework:

• Article 368: Governs the procedure for amending the Constitution, requiring a special majority in Parliament and, for certain provisions, ratification by half of the state legislatures.
• Articles 330, 332: Provide for the reservation of seats for SCs and STs in the Lok Sabha and State Legislative Assemblies, respectively.
• Article 334: Originally set a ten-year limit for these reservations, necessitating periodic extensions.
• Articles 331, 333: Dealt with the nomination of Anglo-Indian members to the Lok Sabha and State Legislative Assemblies, respectively.
• Article 340: Empowers the President to appoint a commission to investigate the conditions of backward classes.
• Article 342A: Introduced by the 102nd CAA, 2018, it defines SEBCs for the central list and specifies the President's role in their identification. The 105th CAA amended Clause (3) of Article 342A to explicitly restore states' power.
• Article 239AA: Contains special provisions with respect to Delhi, now included under the 106th CAA for women's reservation.

Policy Evolution Timeline:

• 1950: Constitution adopted, SC/ST reservations for 10 years.
• 1992: Supreme Court's Indra Sawhney judgment on OBC reservations, limiting them to 50% and excluding the 'creamy layer'.
• 1996 onwards: Multiple attempts to pass the Women's Reservation Bill.
• 2018 (August 11): 102nd Constitutional Amendment Act, granting constitutional status to NCBC and introducing Article 342A.
• 2019 (December 12): 104th Constitutional Amendment Act, extending SC/ST reservations and discontinuing Anglo-Indian nomination.
• 2021 (August 18): 105th Constitutional Amendment Act, restoring states' power to identify SEBCs.
• 2023 (September 28): 106th Constitutional Amendment Act ('Nari Shakti Vandan Adhiniyam'), providing 33% reservation for women.

International Context: Globally, many democracies employ various mechanisms to enhance representation for historically marginalized groups. Quotas for women in legislatures are common in countries like Rwanda (which leads with over 60% women MPs), Nordic nations, and several Latin American countries. India's move to a 33% quota brings it closer to global averages in terms of legislative gender diversity, though the deferred implementation remains a point of distinction. Affirmative action policies, while varied, are also present in countries like the USA (for racial minorities) and Malaysia (for Bumiputera).

The constitutional amendments during this period involved a diverse array of stakeholders, each with unique roles and perspectives.

• Government Bodies/Ministries:

  • Parliament of India (Lok Sabha and Rajya Sabha): As the primary legislative body, it debated and passed all three amendment bills with the requisite special majority.
  • Ministry of Law and Justice: Played a crucial role in drafting the amendment bills, ensuring constitutional validity, and facilitating the legislative process.
  • Ministry of Social Justice and Empowerment: Nodal ministry for policies related to SCs and OBCs, involved in the conceptualization and justification of the 104th and 105th CAAs.
  • Ministry of Tribal Affairs: Nodal ministry for STs, similarly involved in the 104th CAA.
  • Election Commission of India (ECI): Will be instrumental in the delimitation exercise that is a prerequisite for the implementation of the 106th CAA. Its expertise in electoral boundaries and demographic data will be critical.
  • National Commission for Backward Classes (NCBC): Granted constitutional status by the 102nd CAA, its role and powers were clarified and somewhat curtailed (in terms of state lists) by the 105th CAA, though it retains its mandate for the central list.
  • State Governments: Directly impacted by the 105th CAA, which restored their power to identify SEBCs for their state lists, crucial for state-specific affirmative action policies. They also bear the responsibility for implementing the 106th CAA in their respective assemblies post-delimitation.

• Affected Communities/Sectors:

  • Scheduled Castes (SCs): Comprising approximately 20.1% of India's population (Census 2011), they continue to benefit from political reservations extended by the 104th CAA, ensuring their voice in policy-making.
  • Scheduled Tribes (STs): Constituting about 8.6% of the population (Census 2011), they also benefit from the extended political reservations under the 104th CAA, crucial for protecting their unique cultural identities and land rights.
  • Other Backward Classes (OBCs): Estimated to be over 40-52% of the population, this diverse group is directly impacted by the 105th CAA, as states regain autonomy to identify and specify SEBCs, tailoring affirmative action to local needs.
  • Women: Representing approximately 48% of India's population, they are the primary beneficiaries of the 106th CAA. With only 15.2% representation in the 17th Lok Sabha (2019) and even lower in state assemblies (e.g., 9% average), the 33% reservation aims to significantly boost their political presence.
  • Anglo-Indian Community: A small, distinct community (estimated 296 in Census 2011), they lost their nominated representation in the Lok Sabha and State Assemblies under the 104th CAA, prompting concerns about their continued voice.

• Political Positions:

  • Ruling Party (Bharatiya Janata Party - BJP): Championed these amendments as core components of its 'Sabka Saath, Sabka Vikas, Sabka Vishwas' (Together, for everyone's growth, with everyone's trust) agenda, emphasizing social justice, women's empowerment, and strengthening federalism. While the 104th and 105th CAAs were passed relatively smoothly, the 106th CAA was presented as a historic commitment to women's political empowerment.
  • Opposition Parties: Generally supported the extension of SC/ST reservations and the restoration of states' powers for OBC lists. While also supporting women's reservation, many opposition parties raised concerns about the delayed implementation of the 106th CAA, demanding immediate effect or a specific timeline, and some pushed for a sub-quota for OBC women within the women's reservation.

These constitutional amendments are a goldmine for competitive examinations, especially UPSC, SSC, Banking, and State PSCs, covering a wide array of topics from constitutional law to social justice.

UPSC Relevance:

• Prelims (Potential MCQ Topics):
  • Specific Amendment Numbers: 104th, 105th, 106th CAAs and their core provisions. E.g., "Which amendment extended SC/ST reservations?" or "Which amendment discontinued Anglo-Indian nomination?"
  • Constitutional Articles: Articles 330, 332, 334, 331, 333, 342A, 239AA. Questions on their original intent and how they were amended.
  • Key Dates: Date of enactment of each amendment, expiry date of SC/ST reservations (January 25, 2030).
  • Associated Concepts: Delimitation Commission, Special Majority (Article 368), Federalism, Affirmative Action.
  • Committees/Judgments: Mandal Commission, Indra Sawhney Case (1992), Committee on the Status of Women in India (1974).
  • Nomenclature: 'Nari Shakti Vandan Adhiniyam' for the 106th CAA.
• Mains (GS Paper Connections):
  • GS Paper I (Indian Society):
    • Social Empowerment: Discuss the impact of reservations on SC/ST/OBC communities.
    • Women's Issues: Analyze the significance of women's reservation for gender equality and political participation.
    • Vulnerable Sections: Examine the constitutional safeguards and their evolution for various marginalized groups.
  • GS Paper II (Polity & Governance):
    • Constitutional Amendments: Detailed analysis of the process, rationale, and impact of these specific amendments.
    • Federalism: Discuss the implications of the 105th CAA on Centre-State relations and states' autonomy in social policy.
    • Representation of People Act: How these amendments interface with electoral laws and the role of the Election Commission.
    • Statutory/Constitutional Bodies: Role of NCBC, ECI, and their evolving mandates.
    • Electoral Reforms: Women's reservation as a major electoral reform.
    • Social Justice: Comprehensive evaluation of constitutional provisions for social justice and their effectiveness.
  • GS Paper IV (Ethics, Integrity & Aptitude):
    • Affirmative Action: Ethical arguments for and against reservation policies, the principle of compensatory discrimination.
    • Social Justice Principles: Discuss the moral imperative behind ensuring adequate representation for marginalized groups.
• Essay (Broader Themes):
  • "Affirmative Action: A Necessity or a Crutch in Modern India?"
  • "Women's Empowerment and Political Representation: A Long Road Ahead."
  • "Federalism in India: Balancing Central Authority with State Autonomy."
  • "The Evolving Landscape of Social Justice in India: Challenges and Opportunities."
  • "Constitutionalism and Social Change: A Critical Appraisal."
• Previous Year Questions (Similar Topics): UPSC has frequently asked questions on constitutional amendments, the role of NCBC, reservation policy's impact, federal structure, and women's political participation. For example, questions on the 102nd CAA or the debate around women's reservation bill have appeared.

SSC/Banking Relevance:

• Current Affairs Section Importance: Direct factual questions are highly probable. E.g., "What percentage of seats are reserved for women by the 106th CAA?" or "Which community's nominated representation was discontinued by the 104th CAA?"
• Static GK Connections: Basic understanding of the Constitution, types of majorities for amendments, names of important commissions (Mandal Commission).
• General Awareness: Knowledge of these landmark legislative changes is essential for any informed citizen and will be tested.

Exam Preparation Tips:

• Key Facts to Memorize:
  • 104th CAA (2019): SC/ST reservation extended for 10 years (till Jan 25, 2030); Anglo-Indian nomination discontinued.
  • 105th CAA (2021): Restored states' power to identify SEBCs.
  • 106th CAA (2023): 33% reservation for women in Lok Sabha, State Assemblies, Delhi Assembly; implementation post-delimitation and next census.
• Important Abbreviations/Full Forms: CAA (Constitutional Amendment Act), SEBC (Socially and Educationally Backward Classes), NCBC (National Commission for Backward Classes), ECI (Election Commission of India), NCTD (National Capital Territory of Delhi).
• Data Points to Remember:
  • 10 years (for SC/ST extension).
  • 33% (for women's reservation).
  • Approx. 20.1% (SC population), 8.6% (ST population), 40-52% (OBC population).
  • 15.2% (women's representation in 17th Lok Sabha).
• Cross-Topic Connections: Link these amendments to broader themes like federalism, social justice, electoral reforms, and women's empowerment. Understand the interplay between constitutional provisions and societal demands.
• Mnemonics:
  • 104: "SC/ST for 10 more, Anglo-Indian no more."
  • 105: "OBC states' list, power restored with a twist." (Refers to the federal aspect).
  • 106: "Nari Shakti 33%, but wait for the census, you see." (Highlights the implementation clause).

These constitutional amendments have far-reaching implications across various dimensions of Indian society, economy, and polity.

Economic Impact:

• Fiscal Implications: While the amendments themselves don't directly entail massive new fiscal outlays, the subsequent processes will. The delimitation exercise required for implementing the 106th CAA will incur significant costs for the Election Commission and associated government machinery. Increased representation, particularly for marginalized communities and women, could lead to policy shifts that impact budget allocations towards social welfare programs, education, healthcare, and infrastructure development in specific regions or for particular groups.
• Employment Effects: Indirectly, greater political representation can lead to the formulation of more inclusive economic policies. For instance, increased women's representation may spur policies promoting female labour force participation, skill development, and entrepreneurship, potentially boosting overall employment figures and GDP. Policies tailored to SC/ST/OBC communities could also lead to targeted economic upliftment schemes.
• GDP/Sector Implications: In the long term, a more representative and inclusive political system is generally associated with better governance and more equitable distribution of resources, which can foster broader economic participation and contribute to sustainable GDP growth. Specific sectors like education and social welfare might see increased investment.

Social Impact:

• Communities Affected:
  • SCs and STs: The extension of reservations ensures their continued political voice, critical for addressing persistent socio-economic disparities and protecting their rights and cultural heritage.
  • OBCs: The 105th CAA empowers states to create tailored lists, allowing for more nuanced affirmative action responsive to local backwardness criteria, potentially benefiting a larger and more diverse segment of the OBC population.
  • Women: The 106th CAA is a monumental step towards gender equality in political decision-making. It promises to bring diverse perspectives to policy formulation, potentially leading to more gender-sensitive laws and policies (e.g., on health, education, safety, economic empowerment).
  • Anglo-Indian Community: The discontinuation of nominated seats marks the end of a unique constitutional provision. While reflecting their integration, it also removes a direct channel for their specific concerns to be raised in legislatures, potentially leading to a feeling of marginalization for some within the community.
• Rights/Welfare Implications: These amendments reinforce the constitutional commitment to social justice and equality. They aim to translate numerical representation into tangible improvements in the welfare and rights of historically marginalized groups.
• Gender/Minority Considerations: The 106th CAA specifically targets gender disparity in political power, a crucial step for a more inclusive democracy. The other two amendments strengthen the framework for caste and tribal minority representation.

Political Ramifications:

• Governance Implications: Legislatures with greater diversity in terms of caste, tribe, and gender are likely to be more reflective of the nation's diverse populace. This can lead to more robust debates, better policy outcomes, and enhanced legitimacy of democratic institutions. Policy-making may become more responsive to the needs of previously underrepresented segments.
• Policy Direction Changes: With increased representation, there's an expectation that policy priorities will shift to address issues of social justice, women's rights, and the development needs of SC, ST, and OBC communities with greater urgency and specificity.
• Federalism: The 105th CAA significantly strengthens federal principles by restoring states' autonomy in identifying SEBCs. This reduces potential central overreach and allows states to implement affirmative action policies that are more sensitive to their unique socio-economic contexts.
• Electoral Dynamics: The 106th CAA, once implemented, will dramatically alter India's electoral landscape. It will necessitate a significant shift in candidate selection strategies for political parties, potentially leading to more women candidates and a change in campaign narratives. It could also influence voter behaviour, with women voters potentially having a stronger voice in electoral outcomes.
• Delimitation: The prerequisite of delimitation (post the next census) for the 106th CAA's implementation is a critical political point, generating debate about the timeline and potential political implications of redrawing constituencies.

Environmental Considerations:

• While not directly environmental, increased representation of tribal communities (STs) could indirectly lead to stronger advocacy for environmental protection and sustainable resource management, as these communities are often directly dependent on forest and natural resources and are frontline defenders against environmental degradation. Women's representation could also bring a gendered perspective to environmental policy, often highlighting the disproportionate impact of climate change on women.

The constitutional amendments of PM Modi's second term set the stage for significant democratic evolution, but their full impact is yet to unfold.

• Short-term Developments (Next 3-6 months):

  • State Actions on OBC Lists: Following the 105th CAA, states are actively reviewing and updating their lists of SEBCs. Monitoring these developments, including any new commissions or criteria adopted by states, will be crucial.
  • Preparations for Next Census: The next decennial Census, which was postponed due to COVID-19, is a critical precursor to the implementation of the 106th CAA. Government announcements regarding its commencement and methodology will be closely watched.
  • Legal Challenges/Interpretations: While amendments are generally robust, specific provisions or their implementation could face legal scrutiny, leading to Supreme Court pronouncements.

• Long-term Policy Implications (1-2 years and beyond):

  • Implementation of 106th CAA: This is the most significant long-term monitoring point. The actual reservation for women will only come into effect after the next Census and subsequent delimitation exercise. This could potentially mean implementation post-2029 or even later, depending on the Census timeline. The government's roadmap for this process will be keenly observed.
  • Impact of Increased Representation: Once implemented, monitoring the legislative performance, policy outcomes, and socio-economic indicators related to women, SC, ST, and OBC communities will be vital to assess the real-world impact of enhanced representation.
  • Demand for Caste Census: The 105th CAA, by empowering states to identify OBCs, might reignite the demand for a comprehensive caste census, which could have profound political and social implications.
  • Sub-categorization of OBCs: The Justice G. Rohini Commission, which was tasked with examining the sub-categorization of OBCs, submitted its report in 2023. Its recommendations, if implemented, could further refine the reservation policy.
  • Extension of SC/ST Reservations: The current extension under the 104th CAA is until January 25, 2030. Debates around its further extension will likely commence closer to this date.

• Related Upcoming Events/Deadlines/Summits:

  • Next General Elections (2029): The women's reservation is unlikely to be implemented before this, making it a key point of discussion during the election cycle.
  • State Assembly Elections: Upcoming state elections will be a testbed for how political parties adapt their strategies in anticipation of future women's reservation.
  • Delimitation Commission: The constitution and functioning of the next Delimitation Commission will be a critical event for the 106th CAA.

• Areas Requiring Monitoring for Exam Updates:

  • Any government notifications or rules related to the implementation of these acts.
  • Reports by the Election Commission of India on delimitation.
  • Judgments by the Supreme Court or High Courts interpreting any aspect of these amendments.
  • Statements by Union Ministers or official bodies on the timeline and progress of implementation.
  • Debates in Parliament regarding further reforms or extensions.