States Regain Power to Identify OBCs

The Indian Constitution serves as the supreme law of India, outlining the rights and duties of its citizens, as well as the framework for political principles, procedures, and powers of government institutions. One particular aspect of the Constitution that deals with the identification of socially and educationally backward classes is Article 342A. This article has been subject to amendments and interpretations over time, affecting the way Other Backward Classes (OBCs) are recognized at both the central and state levels.

Article 342A: Presidential Power to Specify Backward Communities

Article 342A of the Indian Constitution grants the President the authority to specify which communities are considered socially and educationally backward in any state or union territory. This determination is made in consultation with the Governor of the respective state. The article was designed to ensure a uniform criterion for identifying backward classes across the country, which in turn would facilitate the implementation of affirmative action measures such as reservations in education and public employment.

Supreme Court Ruling on OBC Identification

The Supreme Court of India, in a landmark judgment by a 5-judge constitutional bench, interpreted Article 342A to mean that only the President of India could declare any community as an OBC. Furthermore, such a declaration could only be made based on the recommendations of the National Commission for Backward Classes (NCBC). This ruling effectively centralized the power of identifying OBCs with the President, limiting the role of state governments in this process.

Constitutional Amendment to Empower States

In response to the Supreme Court’s interpretation, the Central Government moved to amend the Constitution to restore the powers of states in identifying OBCs. The amendment aimed at providing clarity on the roles of the central and state governments in this regard. By amending Article 342A, the government sought to enable states to maintain their own lists of OBCs, which would be separate from the central list prepared by the President.

The 102nd Constitution Amendment

The 102nd Constitution Amendment introduced a new provision that explicitly allowed states the power to notify OBCs in their respective state lists. This amendment was significant because it re-established the authority of state governments to recognize backward classes within their territories, which they could then use for implementing state-specific affirmative action policies. The amendment was seen as a critical step in ensuring that the unique social dynamics and backwardness criteria prevalent in different states could be taken into account when identifying OBCs.

Implications of the Constitutional Amendment

The constitutional amendment to Article 342A has far-reaching implications for the politics and society of India. It allows states to have a greater say in determining which communities require support through affirmative action. This decentralization of power is intended to make the process of identifying backward classes more responsive to the realities of each state’s demographic and socio-economic conditions.

Moreover, the amendment also has the potential to impact the political landscape, as the recognition of OBCs is often tied to electoral considerations. Political parties at the state level may leverage the power to identify OBCs to garner support from various communities, thereby influencing voter behavior.

In conclusion, the amendment to Article 342A of the Indian Constitution represents a significant shift in the balance of power between the central and state governments regarding the identification of Other Backward Classes. By empowering states to have a definitive role in this process, the amendment seeks to address the diverse needs of backward communities across India, while also reflecting the federal structure of the nation.