One notable development in Indian governance currently circulating in news platforms is the government’s intention to introduce a Bill to Parliament. The goal of this legislative action is to bring clarity to “some provisions in the 102nd Constitutional amendment Bill”. These provisions are significant because they re-establish the authority of the states to identify backward classes. In India, the central government and each state formulate separate lists for Other Backward Classes (OBCs).
Articles 15(4), 15(5), and 16(4) of the Constitution expressively bestow power on a state to determine and declare its list of socially and educationally backward classes. However, discrepancies have risen that necessitate a revision for these constitutional clauses.
The Genesis of the New Amendment
An amendment was needed due to the Supreme Court upholding the 102nd constitutional amendment earlier this year. This ruling stated that the President, based on recommendations from the National Commission for Backward Classes (NCBC), would determine the communities to be included on the state OBC list.
The 102nd Constitution Amendment Act of 2018 added Articles 338B and Article 342A (with two clauses) after Article 342. Article 338B explains the structure, responsibilities, and power of the NCBC. Concurrently, Article 342A stipulates that the identification of socially and educationally backward classes would be the prerogative of the President, in collaboration with the governor.
This ruling led to the removal of the Maratha quota introduced by the Maharashtra government, a decision that had significant political implications in the state.
About the Proposed Bill
The planned Bill will serve to modify clauses 1 and 2 of Article 342A, introduce a new clause (3), and amend the Articles 366 (26c) and 338B (9). The objective is to reiterate that states can maintain their “state lists” of OBCs, as was the practice before the Supreme Court’s judgment. The “state list” will entirely be extricated from the President’s purview and be declared by the state assembly.
Additional Developments Regarding OBCs
Several Parliament members have raised concerns about defining the Creamy Layer in the ongoing Monsoon Session of Parliament. On another front, the Justice Rohini Committee is reviewing the sub-categorization of the OBC quota. They’re assessing whether a particular community or groups of communities benefit disproportionately from the quota and how to rectify any irregularities.
Furthermore, the Union Health Ministry has proclaimed a 27% reservation for Other Backward Classes (OBCs) in undergraduate (UG) and postgraduate (PG) medical/dental courses from the 2021-22 academic year through the All India Quota (AIQ) scheme. The scheme will also accommodate a 10% quota for Economically Weaker Sections (EWS).
Constitution Amendment Bills: An Overview
The Constitution has stipulated procedures for passing Constitutional Amendment Bills. These laws can be of three types:
– Requiring a simple majority for passage in each House.
– Requiring special majority for their passage in each House i.e., a majority of the total membership of a House and by a majority of not less than two-thirds of the members present and voting (article 368).
– Requiring special majority for their passage and ratification by at least half of the States’ Legislatures (proviso to clause (2) of article 368).
A Constitution Amendment Bill, as per article 368, can be introduced in either House of Parliament and must be passed by a special majority in each House. There is no provision for joint sittings for passing a Money Bill or a Constitution Amendment Bill.
The Core Reason for the Amendment
The decision to amend these constitutional provisions is primarily motivated by the need to reinstate the power of the state governments to maintain their list of OBCs. This authority was withdrawn following a Supreme Court interpretation. If the abolition were to continue, approximately 671 OBC communities were at risk of losing access to reservation in educational institutions and job appointments, negatively affecting nearly one-fifth of the total OBC communities.
Restoring this authority is crucial as it enables states to address socio-economic demands specific to a particular state or region promptly. Further, considering India’s federal structure, preserving this hierarchy is essential.
