Centre introduces 127th amendment bill in Lok Sabha, empowering states to draw OBC lists

Social Justice and Empowerment Minister, Virendra Kumar, on Monday introduced the Constitution (127th Amendment) Bill, 2021 in the Lok Sabha. This bill seeks to restore the states' power to make its own OBC lists. This latest development comes as the Monsoon Session of the Parliament entered its final week. 

Centre passes Constitution amendment bill in Lok Sabha

In the statement of objects and reasons, Kumar said that in order to adequately clarify that the states and Union Terrorities are empowered to prepare and maintain their own list of SEBCs (Socially and Educationally Backward Classes) and with a view to maintaining the federal structure of this country, there is a need to amend Article 342A and make consequential amendments in articles 338B and 366 of the Constitution.

The 102nd Constitution Amendment Act of 2018 inserted articles 338B, which deals with the structure, duties and powers of the National Commission for Backward Classes, and 342A that deals with the powers of the president to notify a particular caste as an SEBC and the power of Parliament to change the list. Article 366 (26C) defines SEBCs.

The Supreme Court has dismissed the Centre’s plea seeking a review of its May 5 majority verdict that held that the 102nd Constitution amendment took away the states’ power to notify SEBCs for the grant of quota in jobs and admissions.

Earlier, the Opposition parties had accused the Centre of assaulting the federal structure by taking away the power of the states to identify and list the Other Backward Classes (OBCs). However, the Social Justice and Empowerment Minister had told the Rajya Sabha last month that the government is in consultation with legal experts and the Ministry of Law and examining ways to protect the power of the states in determining the state lists of OBCs. 

On May 5, a five-judge Constitution bench of the Supreme Court, headed by Justice Ashok Bhushan, had unanimously set aside a Maharashtra law granting quota to Marathas and refused to refer the 1992 Mandal verdict that put a 50 per cent cap on the reservation to a larger bench.

BJP Issues Whip to its Rajya Sabha MPs

Bharatiya Janata Party (BJP) on Monday, issued a three-line whip to its party MPs in Rajya Sabha. In its whip, the saffron party asked its Rajya Sabha MPs to be present in the House on August 10 and 11. 

Monsoon Session began on a stormy note on July 19 amidst uproar from Opposition parties which did not allow Prime Minister Narendra Modi to introduce newly-inducted Union Ministers to the Parliament. 

Image: PTI