By : Munibar Barui
On August 10, 2021 the Lok Sabha passed the 127th Constitutional Amendment Bill. The Bill seeks to reinstate the states the power to classify socially and economically backward classes. The amendment was in consonance with the recent Supreme Court ruling on Maratha reservation (May, 2021). In this case, the Supreme Court upheld the 102ndConstitutional Amendment Act, 2018but observed that the president, based on the recommendations of the National Commission for Backward Classes (NCBC), would govern which communities would be included on the state OBC list.
The 102ndConstitution Amendment Act of 2018 had introduced Articles 338B and Article 342A (with two clauses) after Article 342. Articles 338B deals with the structure, duties and powers of the National Commission for Backward Classes as a Constitutional body. Article 342A observes that the president, in consultation with the governor, would specify the socially and educationally backward classes. So, the current 127thamendment is necessary to restore the powers of the state governments to maintain a state list of OBCs which was taken away by a Supreme Court interpretation. In this context, it should be noted that if the state list gets abolished, nearly 671 OBC communities would lose access to reservations in educational institutions and in appointments. This would adversely impact nearly 1/5thof the total OBC communities across India.
To look into the Constitutional provisions which were enshrined by our fore fathers, as per the Constitution of India, Articles 15(4), 15(5) and 16(4) delegates power to a state to identify and declare the list of socially and educationally backward classes. In this veins, distinct OBC lists are prepared up by the Centre and each state concerned.Thus, the 127thConstitution Amendment Bill will amend clauses 1 and 2 of Article 342A and also introduce a new clause 3. The Bill will also amend Articles 366 (26c) and 338B (9).The new Constitution Amendment Bill is intended to ascertain the fact the states can maintain the “state list” of OBCs as was the system prior to the Supreme Court judgment. Articles 366 (26c) defines socially and educationally backward classes. And, the “state list” will be completely taken out of the ambit of the president and will be notified by the state Assembly as per the proposed Bill. Furthermore, it should be also noted that around three other states i.e., Tamil Nadu, Haryana and Chhattisgarh have introduced their own quotas that breaks the total 50% ceiling (as prescribed in Indra Sawhney Case of 1992) whereas some others state such as Rajasthan, Gujarat, Karnataka and Jharkhand have asked the Supreme Court to increase the quota ceiling.
In conclusion, the Members of Opposition of Lok Sabha on August 09, 2021announced that they will support 127thConstitution Amendment Bill. As because the new Bill has political ramifications (circumventing the 2018 Constitutional Amendment Act) and it seeks to restore powers of the states to recognize backward classes. And, this demand has been made by both local leaders, OBC leaders of ruling and opposition parties as well. The BJP, and the Opposition parties, including the Congress, want to get political backing among the OBC communities in the poll-bound states, particularly in the 2022 poll bound state of Uttar Pradesh. The political angle has involuntary obliged the Opposition parties to come on the same page with the Union Government. As because in case of non-cooperation with the treasury benches in this regard might have a catastrophic fallout on their reputation (both the ruling and opposition parties) among the OBC communities across India. The Opposition’s support to pass the Bill is important as a constitutional amendment requires a two-thirds majority of lawmakers who are present during the proceedings, with at least 50% in present and voting.