The bill seeks to restore the power of states to make their own OBC lists. (Reuters)
The bill seeks to restore the power of states to make their own OBC lists.
- News18.com New Delhi
- Last Update:August 09, 2021, 6:58 pm IS
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Social Justice and Empowerment Minister Virendra Kumar on Monday introduced the Constitution (127th Amendment) Bill, 2021 in the Lok Sabha to restore the power of states to identify and make their own OBC list.
In the statement of objectives and reasons, Kumar asked to be sufficiently clear that states and union territories have the right to prepare and maintain their own list of SEBCs (Socially and Educationally Backward Classes) and its federal structure. With a view to maintain in the country, there is a need to amend Article 342A and consequently amend Articles 338B and 366 of the Constitution.
The 102nd Constitutional Amendment Act of 2018 inserted Articles 338B, which deals with the composition, duties and powers of the National Commission for Backward Classes, and 342A which deals with the powers of the President to notify a particular caste as SEBC And the power of Parliament will change the list. Article 366 (26C) defines SEBC.
The legislative intent at the time of passing of the Constitution (One Hundred Second Amendment) Act, 2018 was that it pertains to the Central List of SEBCs. It recognizes the fact that even before the announcement of the Central List of SEBCs in 1993, many States/UTs had their own State List/Union Territory List of OBCs. It was clarified in the Parliament that States and Union Territories may continue to have their own separate State List / UT List of SEBCs. The caste or community included in such State List or Union List of Backward Classes may be different from the castes or communities included in the Central List of SEBC.
The Supreme Court dismissed the Centre’s plea seeking a review of its May 5 majority decision which held that the 102nd Constitutional Amendment notify SEBCs to give quota in jobs and admissions. took away the power of the states.
On May 5, a five-judge Constitution Bench of the Supreme Court headed by Justice Ashok Bhushan had unanimously set aside the Maharashtra law granting quota to Marathas and refused to refer to the Mandal’s decision of 1992, which sought to provide reservations. But a limit of 50 percent was fixed. For a big bench.
(with inputs from PTI)
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