Social Justice & Welfare·Amendments
Constitutional and Legal Framework — Other Backward Classes (OBCs) — Amendments
Updated 19 Oct 2026
| Amendment | Year | Description | Impact |
|---|---|---|---|
| 1 | 1951 | Inserted Article 15(4), enabling special provisions for the advancement of socially and educationally backward classes and Scheduled Castes and Scheduled Tribes. | Supplied an express constitutional basis for the specified advancement measures. It does not itself prescribe one reservation percentage for every institution. |
| 93 | 2005 | Inserted Article 15(5), enabling admission-related special provisions by law within its institutional scope, including specified private institutions and retaining the Article 30(1) minority-institution exception. | Expanded the express constitutional route for admission-related measures. The Act year is 2005; commencement in January 2006 should not be substituted for that year, and implementing law remains necessary. |
| 102 | 2018 | Inserted Article 338B for the National Commission for Backward Classes and Article 342A concerning identification of socially and educationally backward classes. | Gave the NCBC a constitutional basis and changed the identification framework. Historical accounts of a merely statutory NCBC must be updated; the later 105th Amendment must also be read for State-purpose identification. |
| 105 | 2021 | Clarified State and Union territory power to identify socially and educationally backward classes by law for their own purposes, distinct from the Central List. | Preserved the possibility of different lists for different governmental purposes. State recognition does not automatically settle eligibility for a programme governed by the Central List. |