Prez Kovind gives assent to constitutional amendment Bill allowing states to identify OBCs

Indian President Ram Nath Kovind, on 19 August, assented to the Constitution (One Hundred and Fifth Amendment) Act, 2021 empowering States to identify Socially and Educationally Backward Classes (SEBCs).

The order passed by the President is based on the 'Central List'  of people under socially and educationally backward classes "prepared and maintained by and for the Central Government". Every state will also be allowed to prepare its own list that might differ from the Centre's data. The Other Backward Classes Amendment Bill was first passed by both the Lok Sabha and the Rajya Sabha at the end of the Parliament's Monsoon Session.

Supreme Court's ruling on Socially and Educationally Backward class list

Earlier, in May, the Supreme Court had said that the Central government can only empower and identify SEBCs and include them in a list to be published under Article 342A (1), specifying SEBCs in relation to each State and Union Territory (Dr. Jaishri Laxmanrao Patil v. Chief Minister). The judgment was delivered by a Constitution Bench of Justices Ashok Bhushan, L Nageswara Rao, S Abdul Nazeer, Hemant Gupta and S Ravindra Bhat by a 3:2 majority. The ruling also added that the States can, through their existing mechanisms, or even statutory commissions, only make suggestions to the President or the Commission under Article 338B, for inclusion, exclusion or modification of castes or communities, in the list to be published under Article 342A (1).

PM Modi on passage of OBC Bill Constitutional Amendment

Prime Minister Narendra Modi, on August 11, hailed the passage of a bill that restores states' right to identify Other Backward Classes (OBCs). Taking to his official Twitter handle, the Prime Minister said that the passage of the Constitution (127th Amendment) Bill, 2021 with a full majority in both the Houses is a "landmark moment" for India. Remarking that the Constitution Bill not only furthers social empowerment, PM Modi said that it also reflects the central government's commitment to ensuring dignity, opportunity and justice to the marginalised sections. 

Earlier in August 2018, the Parliament had passed a constitution amendment bill to provide constitutional status to National Commission for Backward Classes. The 102nd Constitution Amendment Act of 2018 added articles 338B and 342A. The Supreme Court had dismissed the Centre's plea seeking a review of its majority verdict that held that the 102nd Constitution amendment took away the states' power to notify  Socially and Economically Backward Classes (SEBCs) for the grant of quota in jobs and admissions.

Opposition parties had attacked the Centre for "assaulting" the federal structure by taking away the power of the states to identify and list the OBCs.