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- Parliament OBC Bill Updates; Narendra Modi government passed 127th Constitution Amendment Bill
New Delhi8 minutes ago
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Bill empowering states to list OBCs can be introduced in Rajya Sabha today. The Lok Sabha had approved it on Tuesday. Social Justice and Empowerment Minister Virendra Kumar introduced this bill. During the voting on the bill in the Lok Sabha, 385 votes were cast in its favor. At the same time, not a single vote was cast in the opposition. Social Justice and Empowerment Minister Dr. Virendra Kumar introduced this bill on Monday. Its name is the Constitution (127th Amendment) Bill-2021.
The 127th amendment has been brought in the Parliament to amend Article 342A(3) of the Constitution. After this, the states can prepare the list of OBC according to their own. The special thing is that the opposition, who was creating a ruckus in the house on issues like Pegasus, farmers, also allowed this bill to pass without any noise. After the bill is passed in the Rajya Sabha after the Lok Sabha, it will still have to get assent from the President. After that it will become law.
In the Lok Sabha, 385 votes were cast in favor of the bill, while not a single vote came against it.
The opposition came with the government on the bill
Amidst the uproar and protests in the monsoon session, for the first time, the central government got the support of the opposition on this bill. Before the 127th Amendment Bill of the Constitution was introduced in the Lok Sabha on Monday, the opposition parties had said that they are with the government regarding this bill. In fact, after this amendment is passed in the Lok Sabha and Rajya Sabha, the states will get the right to list the castes of their choice in the list of OBCs.
Maratha reservation was rejected by the Supreme Court
On May 5 this year, the Supreme Court had declared the reservation given to the Maratha community in Maharashtra in government jobs and educational institutions as unconstitutional. This reservation was given on the basis of economic and social backwardness. The court had said that there is no need to reconsider the decision fixing the limit of 50% reservation. Maratha reservation violates 50% limit.
Important comments of Supreme Court on Reservation
States can recommend: The Supreme Court had said in the judgment that the states do not have the right to include any caste in the socio-economic backward class. States can only identify such castes and make recommendations to the Centre. The President can add that caste to the list of socio-economically backward classes according to the instructions of the National Commission for Backward Classes.
The Supreme Court has fixed the upper limit of 50% reservation in the country.
No right to break the reservation limit
For giving reservation to the people of Maratha community, they cannot be called educationally and socially backward class. There was no constitutional basis for breaking the 50% limit while implementing Maratha reservation.
50% limit fixed after Indira Sawhney’s case
- In 1991, the Congress government led by PV Narasimha Rao issued an order giving 10% reservation for the general category on economic grounds. On this Indira Sawhney challenged him.
- In this case, a nine-judge bench had held that the number of reserved seats should not exceed 50% of the total available seats. Reservation on economic basis is not given in the constitution. Since then it has become a law.
Movement for reservation continues in many states
The opposition has been demanding for a long time that the fixed limit of reservation in the states should be abolished. At present, states cannot give more than 50% reservation. Actually, agitations are going on in many states regarding reservation. Lingayats in Karnataka, Patels in Gujarat, Jats in Haryana and Maratha communities in Maharashtra are demanding reservation and agitations are also going on.
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