MINISTRY OF LAW AND JUSTICE

(Legislative Department)

New Delhi, the 19th August, 2021/ Sravana 28, 1943 (Saka)

The following Act of Parliament received the assent of the President on the 18th August, 2021, and is hereby published for general information:—

THE CONSTITUTION (ONE HUNDRED AND
FIFTH AMENDMENT) ACT, 2021

[18th August, 2021.]

An Act further to amend the Constitution of India.

BE it enacted by Parliament in the Seventy-second Year of the Republic of India as follows:—

1. Short title and commencement.

(1) This Act may be called the Constitution (One Hundred and Fifth Amendment) Act, 2021.

(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.

2. Amendment of article 338B.

In article 338B of the Constitution, in clause (9), the following proviso shall be inserted, namely:—

“Provided that nothing in this clause shall apply for the purposes of clause (3) of article 342A.”.

3. Amendment of article 342A.

In article 342A of the Constitution,—

(a) in clause (1), for the words “the socially and educationally backward classes which shall for the purposes of this Constitution”, the words “the socially and educationally backward classes in the Central List which shall for the purposes of the Central Government” shall be substituted;

(b) after clause (2), the following shall be inserted, namely:—

Explanation.— For the purposes of clauses (1) and (2), the expression “Central List” means the list of socially and educationally backward classes prepared and maintained by and for the Central Government.

(3) Notwithstanding anything contained in clauses (1) and (2), every State or Union territory may, by law, prepare and maintain, for its own purposes, a list of socially and educationally backward classes, entries in which may be different from the Central List.’.

4. Amendment of article 366.

In article 366 of the Constitution, for clause (26C), the following clause shall be substituted, namely:—

‘(26C) “socially and educationally backward classes” means such backward classes as are so deemed under article 342A for the purposes of the Central Government or the State or Union territory, as the case may be.’.

__________

ANOOP KUMAR MENDIRATTA,
Secretary to the Govt. of India.

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