127th Constitution Amendment Bill

Why in news ?

127th Constitution Amendment Bill is to clarify “some provisions in the 102nd Constitutional amendment Bill” to restore the power of the states to identify backward classes.

As per 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.

What are backward classess?

The Central Government of India classifies its citizens( based on their social and economic condition ) as

-Scheduled Caste (SC),

-Scheduled Tribe (ST), and

-Other Backward Class (OBC).

The OBC list presented by the National Commission for Backward Classes is dynamic (castes and communities can be added or removed)

The OBC list is subjected to change from time to time depending on social, educational and economic factors.

The OBCs are entitled to 27 % reservations in public sector employment and higher education.

In the Constitution, OBCs are described as ‘socially and educationally backward classes’, and the government tries to ensure their social and educational development.

The Backward Classes Division in the Ministry of Social Justice and Empowerment looks after the policy, planning and implementation of programmes related to social and economic empowerment of OBCs.

What is 102nd Constitution Amendment Act of 2018

The 102nd Constitution Amendment Act of 2018 inserted articles 338A & 338B, which deals with the following .

-Art-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 .

-Art -342 B-Structure, duties and powers of the National Commission for Backward Classes, and

Why is the 127th Constitution Amendment Bill needed?

-The Supreme Court in its Maratha reservation ruling in May-2021 upheld the 102nd Constitutional Amendment Act .

-SC said the president, based on the recommendations of the National Commission for Backward Classes (NCBC), would determine which communities would be included on the state OBC list.

What are Articles 338B and Article 342A ?

Articles 338B deals with the structure, duties and powers of the National Commission for Backward Classes.

Article 342A says that the president, in consultation with the governor, would specify the socially and educationally backward classes.

Thus an amendment is 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.

What will the change by 127th Constitution Amendment ?