• A Constitutional amendment Bill to restore the powers of the states to make their own OBC lists was passed by Rajya Sabha on August 11.

• The Constitution (One Hundred and Twenty-Seventh Amendment) Bill, 2021 was passed by the Lok Sabha earlier.

• Social Justice and Empowerment Minister Virendra Kumar said the Bill will help restore the powers of states to have their own lists of OBCs which was negated by the Supreme Court.

• Kumar said the legislation will help 671 communities, almost one-fifth of the total OBCs in the country, get reservation in jobs and educational institutions. 

Constitution Amendment Bill

• A Constitution Amendment Bill under Article 368 can be introduced in either House of Parliament and has to be passed by each House by special majority.

• Article 368 lays the procedure for the amendment of the Constitution. The Constitution does not provide for a separate Constituent Body to amend the constitution. This power has been vested in the Parliament itself. 

• An amendment of the Constitution may be initiated in either House of the Parliament. This Bill can be presented both by the government or a Private Member. However, in case such a Bill is brought by a Private Member, it has to be examined and recommended for introduction in the House by the Committee on Private Members’ Bills and Resolutions.

In context of the procedure involving their amendment, there are three categories of articles in the Constitution:

• Articles amendable by a simple majority.

• Articles that require special majority.

• Articles that require special majority as well as ratification by legislatures of not less than half of the states of the Indian Union.

Why does the govt bring in this amendment Bill?

• The Supreme Court had 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 socially and educationally backward classes (SEBCs) for the grant of quota in jobs and admissions.

• The Constitution (One Hundred and Second Amendment) Act, 2018 has inserted three new Articles — 342A, 366(26C) and 338B in the Constitution. 

• Article 338B deals with the structure, duties and powers of the National Commission for Backward Class (NCBC).

• Article 342A deals with power of the President to notify a particular caste as SEBC as also of Parliament to change the list.

•Article 366(26C) has defined the socially and educationally backward classes.

• The legislative intent at the time of passing of the Constitution (One Hundred and Second Amendment) Act was that it deals with the Central List of the SEBCs.

• Although since 1993, there always existed separate lists of the central government and that of the state governments and Union Territories, a question has arisen after enactment of the Constitution (One Hundred and Second Amendment) Act, 2018 as to whether the said amendments to the Constitution mandated for a single Central List of SEBCs specifying the SEBCs for each state, thereby taking away the powers of the state to prepare and maintain a separate State List of SEBCs.

• In order to adequately clarify that the state government and Union Territories are empowered to prepare and maintain their own State List/Union Territory List of SEBCs and with a view to maintain the federal structure of this country, there was a need to amend Article 342A and make consequential amendments in Articles 338B and 366 of the Constitution.

National Commission of Backward Classes (NCBC)

• The National Commission for Backward Classes (NCBC) was set up in August, 1993 as per the provision of the National Commission for Backward Classes Act, 1993. 

• A new Constitutional body namely the National Commission of Backward Classes (NCBC) has been constituted, with effect from August 15, 2018, by insertion of Article 338B in the Constitution. 

• The erstwhile NCBC Act, 27 of 1993 was simultaneously repealed.

• NCBC has been assigned duties under Section (5) of The Constitution (One Hundred And Second Amendment) Act, 2018.

It shall be the duty of the Commission: 

(a) to investigate and monitor all matters relating to the safeguards provided for the socially and educationally backward classes under this Constitution or under any other law for the time being in force or under any order of the Government and to evaluate the working of such safeguards.

(b) to inquire into specific complaints with respect to the deprivation of rights and safeguards of the socially and educationally backward classes.

(c) to participate and advise on the socio-economic development of the socially and educationally backward classes and to evaluate the progress of their development under the Union and any State.

(d) to present to the President, annually and at such other times as the Commission may deem fit, reports upon the working of those safeguards.

(e) to make in such reports the recommendations as to the measures that should be taken by the Union or any State for the effective implementation of those safeguards and other measures for the protection, welfare and socio-economic development of the socially and educationally backward classes.

(f) to discharge such other functions in relation to the protection, welfare and development and advancement of the socially and educationally backward classes as the President may, subject to the provisions of any law made by Parliament, by rule specify.

Manorama Yearbook app is now available on Google Play Store and iOS App Store