127th Constitution Amendment Bill introduced

Central Government introduced the 127th Constitution (amendment) bill, 2021 in Lok Sabha on August 9, 2021. The bill seeks to restore state’s power to make their own OBC lists.

Highlights

  • Bill was introduced by Union minister of Social Justice and Empowerment, Virendra Kumar.
  • It was introduced in the Parliament to clarify some provisions of the 102nd Constitutional Amendment Bill, restoring the power of states to identify backward classes.

Constitutional provisions

Articles 15 (4), 15 (5), and 16 (4) of the Indian constitution confer power on the State Government to declare and identify a list of socially and educationally backward classes. Central and state governments draw separate OBC lists as a practice.

Background of the 127th Bill

The need for latest amendment aroused after the Supreme Court in its Maratha reservation ruling of May 2021 upheld the 102nd Constitutional Amendment Act. SC also stated that, the President will determine which communities will be included on state OBC list, on the recommendations of the National Commission for Backward Classes (NCBC).

About 127th Constitution Amendment Bill

  • The 127th Constitutional Amendment Bill will amend clauses 1 and 2 of Article 342A.
  • It will introduce a new clause 3.
  • It will also amend Articles 366 (26c) and 338B.
  • The bill has been designed to clarify that, State Governments can maintain state list of OBCs, restoring the system prior to SC judgment.
  • Under the amendment, latest ‘State List’ will be taken out of the purview of the President completely and it will be notified by State Assembly.

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