127th Constitution Amendment Bill, 2021

Why in news?
  • The Parliament passed the Constitution 127th Amendment Bill, 2021, restoring the right of States to identify Other Backward Classes as existed before the 102nd Constitution Amendment Act.
  • The bill was necessitated as Supreme Court in the Maratha reservation ruling while upholding the 102nd Constitutional Amendment Act interpreted that the President, based on the recommendations of the National Commission for Backward Classes (NCBC), will determine which communities will be included on the state OBC list.
Historical Background:
  • 1953: The first Backward Classes Commission was appointed under Article 340(1) in 1953 under the Chairmanship of Kaka Saheb Kalelkar.
  • 1978:
    • The second Backward Classes Commission was appointed in 1978 under B P Mandal to review the state of the Backward Classes.
    • This report recommended 5% reservations in government jobs for OBCs.
  • 1990:
    • V P Singh government applied Mandal commission’s recommendations in 1990.
  • 1991:
    • V. Narasimha Rao’s government in 1991 brought two changes in the OBC Reservation Policy.
    • Non-Creamy layer: Within the OBC reservation quota, preference was to be given to the candidates belonging to the poorer sections.
    • Economically backward section: 10 per cent of Public Services shall be reserved for economically backward sections of the people, not otherwise covered by the scheme of reservation. Thus, the reservation quota for Government jobs was raised to 59.5%.
  • 1992:
    • P V Narsimha Rao’s policy was challenged in Supreme court.
    • A nine-Judge Bench of the Supreme Court of India in INDRA SAWHNEYS Case (1992) gave a historic judgement.
      • EWS category was struck down: 10% reservation based on economic criteria proposed by the Narasimha Rao government was struck down.
      • 27 % Reservation upheld: 27% job-reservation for the OBCs/SEBCs (Socially and Economically Backward Classes) was upheld.
      • 50 % limit: All reservations (for SCs, STs and OBCs) shall not exceed 50% within a grade/cadre/or service in any year except in extraordinary circumstances.

1993:

  • Ram Nandan committee - creamy layer.
  • National Commission for Backward Classes (NCBC) established in 1993.
    • Aim - Examine issues of under, over and non-inclusion of any class of citizen in backward classes.
  • 2018:
    • 102nd Constitutional Amendment bill passed giving constitutional status to NCBC.
    • Inserted Art 338B and 342A.
      • Articles 338B - structure, duties and powers of the NCBC.
      • Article 342A - the President, in consultation with the governor, would specify the socially and educationally backward classes.
      • It took away powers of the States to maintain their own list of OBCs.
    • 2021:
      • SC upheld the 102nd Amendment Act in a case related to Maratha reservation issue but interpreted in a manner that lead to disappointment within certain caste groups in several states.
      • It said that the President will decide which communities will be included on the state OBC list based on recommendations the National Commission for Backward Classes (NCBC) makes.
The 127th Constitution Amendment Bill:
  • States' Power: The State Government will again be able to maintain the state list of OBCs which had been revoked by the Supreme Court. Articles 15(4), 15(5) and 16(4) expressly conferred power on a state to identify and declare the list of socially and educationally backward classes.
  • Thus both Centre and State can have their respective OBC.
  • Art 324A: Clauses 1 and 2 of Article 342A will be amended and a new clause 3 will be introduced.
  • The Bill also amends Articles 366 (26c) and 338B (9).
  • Article 342A: The president, in consultation with the governor, specifies the socially and educationally backward classes.
  • Article 338B: speaks to the structure, powers, and duties of the National Commission for Backward Classes.
  • Article 366(26C) defines SEBCs.
  • The "state lists" will be completely taken out of the purview of the president and will be notified by the state legislature.
Significance:
  • The states will regain their right to maintain a list of OBCs, which had been taken away.
  • There are 671 castes which were identified as backwards at State level will benefit from the current Constitutional Amendment Bill.

Conclusion:

  • The 127th Amendment bill is necessary to restore the federal balance as well as to ensure that states can effectively react to specific socio-economic requirements within their own state or region. It will ensure that the sensitive issue is handled deftly, preventing social unrest.
Posted by Jawwad Kazi on 23rd Aug 2021
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