Constitution (127th Am) Bill, 2021

Context:

● Recently, the Constitution (One Hundred and Twenty-Seventh Amendment) Bill, 2021 was introduced in Lok Sabha on August 9, 2021. The bill amends the Constitution to allow states and union territories to prepare their own list of socially and educationally backward classes.

● On May 5, 2021, while scrapping the quota for Marathas in Maharashtra, the apex court had ruled that after the 102nd amendment to the Constitution made in 2018, only the Centre can notify socially and educationally backward classes, not the states.

● The Amendment bill restores the powers of the state governments to maintain a state list of OBCs which was taken away by a Supreme Court interpretation.

Probable Question:

1. What was the rationale behind enacting the      Constitution (One Hundred and Twenty-Seventh Amendment) Act, 2021?      Explain.

About The Constitution (One Hundred and Twenty-Seventh Amendment) Act, 2021:

● The Constitution (One Hundred and Second Amendment) Act, 2018 gave constitutional status to the National Commission for Backward Classes (a former statutory body) and empowered the President to notify the list of socially and educationally backward classes for any state or union territory for all purposes.

➢ The 2021 Bill amends this to provide that the President may notify the list of socially and educationally backward classes only for purposes of the central government.  This central list will be prepared and maintained by the central government.  Further, the Bill enables states and union territories to prepare their own list of socially and educationally backward classes.

● Article 338B of the Constitution mandates the central and state governments to consult the NCBC on all major policy matters affecting the socially and educationally backward classes.  The Bill exempts states and union territories from this requirement for matters related to the preparation of their list of socially and educationally backward classes.

➢ States will then be able to directly notify OBC and SEBCs without having to refer to the NCBC.

Way forward:

● The state can prepare their own list of socially and educationally backward classes which is per the federalism principle enshrined in the constitution.

● If the state list was abolished, nearly 671 OBC communities would have lost access to reservations in educational institutions and in appointments. That would have adversely impacted nearly one-fifth of the total OBC communities. It will promote social justice.

● It allows states to respond quickly to socio-economic requirements which are specific to a state or region.