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Recently, the Lok Sabha passed the Constitution 127th Amendment Bill, 2021 restoring States’ rights to specify OBC groups.
About
- According to the Constitution of India, Articles 15(4), 15(5) and 16(4) confer power on a state to identify and declare the list of socially and educationally backward classes.
- As a matter of practice, separate OBC lists are drawn up by the Centre and each state concerned.
- The 127th Constitution Amendment Bill will amend clauses 1 and 2 of Article 342A and also introduce a new clause 3. The Bill will also amend Articles 366 (26c) and 338B (9).
- The 127th Amendment Bill is designed to clarify that the states can maintain the “state list” of OBCs as was the system prior to the Supreme Court judgment. Articles 366 (26c) defines socially and educationally backward classes.
- The “state list” will be completely taken out of the ambit of the president and will be notified by the state Assembly as per the proposed Bill.
Need of 127th Constitution Amendment Bill
- The amendment was thought necessary because the SC in its order on Maratha reservations upheld the 102ndConstitutional Amendment Act that inserted Articles 338B and 342 A (with two clauses) after Article 342.
- Earlier it was said that the President of India, in consultation with Governors, would specify socially and economically backward classes, taking away the powers of state governments to do so.
Main Provisions of the Bill
- List of socially and educationally backward classes:
- The National Commission for Backward Classes (NCBC) was established under the National Commission for Backward Classes Act, 1993.
- The Constitution (One Hundred and Second Amendment) Act, 2018 gave constitutional status to the NCBC, and empowered the President to notify the list of socially and educationally backward classes for any state or union territory for all purposes.
- The 2021 Bill amends this to provide that the President may notify the list of socially and educationally backward classes only for purposes of the central government. This central list will be prepared and maintained by the central government.
- Further, the Bill enables states and union territories to prepare their own list of socially and educationally backward classes. This list must be made by law, and may differ from the central list.
- Consultation with the NCBC:
- Article 338B of the Constitution mandates the central and state governments to consult the NCBC on all major policy matters affecting the socially and educationally backward classes.
- The Bill exempts states and union territories from this requirement for matters related to preparation of their list of socially and educationally backward classes.
(Image Courtesy: TH )
Significance
- The current Constitutional Amendment Bill is a historic legislation as 671 castes in the country would benefit from it. Therefore, benefitting nearly one-fifth of the total OBC communities.
- It will restore the States’ rights to maintain a state list of OBCs which was taken away by a Supreme Court interpretation.
- It will allow states to respond quickly to socio-economic requirements which are specific to a state or region.
Conclusion
- India has a federal structure and the passed Bill will further enhance the federal structure of the country. This amendment was essential to benefit society at large.
National Commission for Backward Classes (NCBC)
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Sources: TH
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