105th Constitutional Amendment Act

Why in news

• The 127th Constitution Amendment Bill (105th Constitutional amendment Act), 2021 passed in Rajya Sabha

About the bill:

• The Bill aims at restoring powers of states to notify backward classes.
• The Bill seeks to clarify “some provisions in the 102nd Constitutional amendment Bill” to restore the power of the states and union territories to prepare their own list of socially and educationally backward classes (SEBC).
• The Amendment Bill amends Articles 342 A (clauses 1 and 2) and will introduce a new clause - 342 A (3) specifically authorising states to maintain their state list.
• There will be a consequential amendment in Articles 366(26c) and 338B (9).
• The states will thus be able to directly notify SEBCs without having to refer to the National Commission for Backward Classes (NCBC)

Need for Amendment:

• The Supreme Court ruling in Maratha reservation upheld the 102nd Constitutional Amendment Act.
• The Apex Court said the President, based on the recommendations of the NCBC, would determine which communities would be included on the State OBC list.
• The 102nd Constitution Amendment Act of 2018 gave constitutional status to the NCBC, and empowered the President to notify the list SEBCs for any state or union territory.
• The 2021 Bill, however, amends this to provide that the President may notify the list of socially and educationally backward classes only of the central government. Thus the amendment Bill bypasses the SC ruling and restores the powers of the state governments to maintain a state list of OBCs.

PRELIMS QUESTION

National Commission for Backward Classes was made a constitutional body through which among the following constitutional amendment Act?

(a) 102^nd Constitutional Amendment Act

(b) 99^th Constitutional Amendment Act

(c) 86^th Constitutional Amendment Act

(d) 73^rd Constitutional Amendment Act

Answer