Q1. Which of the following statements best describes the primary objective and constitutional impact of the 45th Amendment Act, 1980?
- (a) It abolished the power of the President to promulgate ordinances during the recess of Parliament.
- (b) It extended the duration of the Lok Sabha and State Legislative Assemblies from five years to six years during the Emergency period.
- (c) It extended the period of reservation of seats for Scheduled Castes and Scheduled Tribes in the Lok Sabha and State Assemblies, as well as the reservation of special representation for Anglo-Indians, for an additional ten years beyond the original period.
- (d) It inserted the Fundamental Right to Education into the Constitution, making education a justiciable right for all children
Answer & solution
Answer: (c) It extended the period of reservation of seats for Scheduled Castes and Scheduled Tribes in the Lok Sabha and State Assemblies, as well as the reservation of special representation for Anglo-Indians, for an additional ten years beyond the original period.
The 45th Amendment Act, 1980 amended Article 334 to extend the reservation of seats for SCs and STs and the nomination of Anglo-Indians in the Lok Sabha and State Assemblies by ten years — from 1980 to 1990.
Article 334 was originally meant to lapse ten years after the Constitution commenced, and it has been extended every decade since.
Revision note — Article 334 and its extensions
• Article 334 fixes a time limit for the reservation of seats (Articles 330 and 332) and Anglo-Indian nomination (Articles 331 and 333).
• Extensions by ten years each: 8th Amendment (1959) to 1970, 23rd (1969) to 1980, 45th (1980) to 1990, 62nd (1989) to 2000, 79th (1999) to 2010, 95th (2009) to 2020, 104th (2019) to 2030.
• The 104th Amendment (2019) extended only the SC/ST reservation; it ended the Anglo-Indian nomination to the Lok Sabha and State Assemblies.
• Option 2 describes the 42nd Amendment (1976), which raised the term of the Lok Sabha and Assemblies to six years; the 44th Amendment (1978) restored it to five years.
• Option 4 describes the 86th Amendment (2002), which inserted Article 21A (right to education for children aged 6 to 14).
• The President's ordinance power (Article 123) has never been abolished; the 38th Amendment (1975) had made his satisfaction final, which the 44th Amendment undid.
Do not mix these up
• 95th vs 104th Amendment — both extended Article 334, but only the 104th dropped the Anglo-Indian seats.
• 42nd vs 44th Amendment — the 42nd lengthened the Lok Sabha term to six years; the 44th brought it back to five.
Also asked from this topic: the period by which the 95th Amendment (2009) extended the reservation (ten years, to 2020); the amendment that ended Anglo-Indian nomination (104th, 2019); the Article reserving SC and ST seats in the Lok Sabha (Article 330).