According to Article 342A of the Indian Constitution, the President is empowered to specify the socially and educationally backward communities in a state in consultation with the governor. The Central Government finalised the constitutional amendment to this provision to restore the power of states to identify Other Backward Classes (OBCs), which was struck down by the Supreme Court.
A 5-judge constitutional bench had previously held that only the President has the power to declare any community as an OBC and only on the recommendation of the National Commission for Backward Classes. The 102nd Constitution Amendment adds a new provision to specify states? power to notify OBCs in the state list.
Written by IAS POINT