The Constitution (127th Amendment) Bill, 2021 was on Monday introduced in the Lok Sabha by Social Justice and Empowerment Minister Virendra Kumar to restore the states’ power to identify and make their own OBC lists.
In the statement of objects and reasons, Kumar said in order to adequately clarify that the states and Union territories are empowered to prepare and maintain their own list of SEBCs (Socially and Educationally Backward Classes) and with a view to maintain the federal structure of this country, there is a need to amend Article 342A and make consequential amendments in articles 338B and 366 of the Constitution.
The 102nd Constitution Amendment Act of 2018 inserted articles 338B, which deals with the structure, duties and powers of the National Commission for Backward Classes, and 342A that deals with the powers of the president to notify a particular caste as an SEBC and the power of Parliament to change the list. Article 366 (26C) defines SEBCs.
The legislative intent at the time of passing of the Constitution (One Hundred and Second Amendment) Act, 2018 was that it deals with the Central List of the SEBCs. It recognises the fact that even prior to the declaration of the Central List of SEBCs in 1993, many States/Union territories are having their own State List/Union territory List of OBCs. The same was clarified in Parliament that the States and Union territories may continue to have their separate State List/Union territory List of SEBCs. The castes or communities included in such State List or Union List of Backward Classes may differ from the castes or communities included in the Central List of SEBCs.
The Supreme Court has dismissed the Centre’s plea seeking a review of its May 5 majority verdict that held that the 102nd Constitution amendment took away the states’ power to notify SEBCs for the grant of quota in jobs and admissions.
On May 5, a five-judge Constitution bench of the Supreme Court, headed by Justice Ashok Bhushan, had unanimously set aside a Maharashtra law granting quota to Marathas and refused to refer the 1992 Mandal verdict that put a 50-per cent cap on reservation to a larger bench.
(with inputs from PTI)
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