Government brings the Constitutional (127th) Amendment Bill

• The Government is planning to introduce a Bill to Parliament next week to clarify “some provisions in the 102nd Constitutional amendment Bill” to restore the power of the states to identify backward classes.
• The cabinet has cleared the amendments and a Bill will be brought to Parliament next week.
• In India, separate OBC lists are drawn up by the Centre and each state concerned.

Background:

• In 2018, the 102nd Constitution Amendment Act was passed by parliament and inserted Articles 338B and Article 342A.

Articles 338B:

• Provides constitutional status to the National Commission for Backward Classes (NCBC).

Article 342A:

• President may specify the socially and educationally backward classes in the various states and union territories in consultation with Governor.
• Parliament may by law include in or exclude from the Central List of socially and educationally backward classes specified in a notification issued under clause (1) any socially and educationally backward class.

• Supreme Court in its ruling in may 2021, upheld the 102nd constitutional amendment and said that the President, would determine which communities would be included on the state OBC list on the recommendations of the National Commission for Backward Classes (NCBC).
• The apex court had ruled that after the 102nd amendment to the Constitution made in 2018, only the Centre can notify socially and educationally backward classes, not the states.
• If the state list was abolished, nearly 671 OBC communities would have lost access to reservations in educational institutions and in appointments.
• That would have adversely impacted nearly one-fifth of the total OBC communities.

127th constitutional amendment bill:

• It will amend Articles 342 A clauses 1 and 2.
• Bill also will introduce clause 342 A (3) specifically authorizing states to maintain their State List.
• There will be an amendment in Articles 366(26C) and 338B (9).
• States will then be able to directly notify OBC and SEBCs without having to refer to the NCBC.
• The Amendment will be necessary to restore the powers of the state governments to maintain a state list of OBCs which was taken away by a Supreme Court interpretation.

Constitutional Amendment:

According to Constitution, there are three types of Constitution Amendment Bills:

1. Bill passed by a simple majority in each House
2. Article 368: Bill passed by a special majority in each House i.e., a majority of the total membership of a House and by a majority of not less than two-thirds of the members of that House present and voting.
3. Article 368(2): Bill passed by a special majority in each House and ratification by Legislatures of not less than one-half of the States by resolution to that effect passed by those Legislatures before the Bill making provision for such amendment is presented to the President for assent.