Anadi Tewari
The Constitution (127th Amendment) Bill, 2021 which seeks to restore the States’ and Union Territories power to make their own Socially and Economic Backward Classes (SEBCs) lists, has been passed in the Lok Sabha with 385 members voting in support and no member opposing it.
This Amendment was necessitated after the Supreme Court in its Maratha reservation verdict in May 2021 upheld the 102nd Constitutional Amendment Act but said the President, based on the recommendations of the National Commission for Backward Classes (NCBC), would determine which communities would be included on the state Backward Classes list.
“In the task of identification of SEBCs, the President shall be guided by the Commission set up under Article 338B; its advice shall also be sought by the state in regard to policies that might be framed by it. If the commission prepares a report concerning matters of identification, such a report has to be shared with the state government, which is bound to deal with it, in accordance with provisions of Article 338B. However, the final determination culminates in the exercise undertaken by the President (i.e. the Central Government, under Article 342A (1), by reason of Article 367 read with Section 3(8)(b) General Clauses Act),” the 5-judge bench verdict stated.
The review petition filed by the Union Government which sought a review of the judicial interpretation given to the 102nd Amendment was also dismissed by the Supreme Court.
In this ongoing session of Parliament, the Centre had introduced this Amendment Bill to clarify “some provisions in the 102nd Constitutional amendment Bill” to restore the power of the states to identify backward classes.
What does the Bill Introduce?
The 127th Constitution 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).
With respect to new Clause 3 under Article 342A, is to clarify that States and Union territories will have the power to identify and specify SEBCs for their own purposes and that such list may differ from the Central list.
The “State list” will be completely taken out of the ambit of the president and will be notified by the state Assembly as per this Bill