[vc_section][vc_row][vc_column][vc_column_text]The Constitution (One Hundred and Twenty-Seventh Amendment) Bill, 2021 was introduced in Lok Sabha by the Minister of Social Justice and Empowerment, Dr. Virendra Kumar, 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.
1. What is the Constitution (127th) Amendment Bill, 2021?
The Bill seeks to clarify “some provisions in the 102nd Constitutional amendment Bill” to restore the power of the states and union territories to prepare their own list of socially and educationally backward classes (SEBC).
The Amendment Bill amends Articles 342 A (clauses 1 and 2) and will introduce a new clause – 342 A (3) specifically authorizing states to maintain their state list. There will be a consequential amendment in Articles 366(26c) and 338B (9). The states will thus be able to directly notify SEBCs without having to refer to the National Commission for Backward Classes (NCBC).
1.1. List of socially and educationally backward classes:
The National Commission for Backward Classes (NCBC) was established under the National Commission for Backward Classes Act, 1993. The Constitution (One Hundred and Second Amendment) Act, 2018 gave constitutional status to the NCBC, 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. This list must be made by law, and may differ from the central list.
1.2. Consultation with the NCBC:
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 preparation of their list of socially and educationally backward classes.
Constitution Amendment Bills
As per the procedure laid down in the Constitution, Constitution Amendment Bills can be of three types viz.
- requiring a simple majority for their passage in each House.
- requiring special majority for their passage in each House i.e., a majority of the total membership of a House and by a majority of not less than two-thirds of the members of that House present and voting (article 368).
- requiring special majority for their passage and ratification by Legislatures of not less than one-half of the States by resolutions to that effect passed by those Legislatures (proviso to clause (2) of article 368).
A Constitution Amendment Bill under article 368 can be introduced in either House of Parliament and has to be passed by each House by special majority. There is no provision of joint sittings on a Money Bill or a Constitution Amending Bill.
2. Why is the Bill needed?
The amendment was necessitated after the Supreme Court, in its Maratha reservation ruling in May, upheld the 102nd Constitutional Amendment Act. The Apex Court said the President, based on the recommendations of the NCBC, would determine which communities would be included on the State OBC list. The 102nd Constitution Amendment Act of 2018 gave constitutional status to the NCBC, and empowered the President to notify the list SEBCs for any state or union territory.
The 2021 Bill, however, amends this to provide that the President may notify the list of socially and educationally backward classes only of the central government. Thus the amendment Bill bypasses the SC ruling and restores the powers of the state governments to maintain a state list of OBCs.
*Source: PRS Legislative Research; Money Control[/vc_column_text][/vc_column][/vc_row][/vc_section]
