States can now make OBC lists, again!

To give the power to determine OBC groups back to the states, the Centre decided to amend the constitution once more.

 States can now make OBC lists, again!

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• The story: Central government approved a Constitution Amendment Bill on August 4, 2021 that will empower states and UTs to make their own OBC lists. This was a problem since the Supreme Court decision in a related matter.
• What happened at the SC: On May 5, 2021, the Supreme Court dismissed Centre’s plea seeking review of majority verdict by the court. The verdict had ruled that the 102nd Constitution amendment took back states’ power to declare “Socially and Educationally Backward Classes (SEBC)” to grant quota in jobs and admissions.
• 102nd Constitution Amendment Act: This had inserted a new Article 338B, dealing with structure, duties and powers of the National Commission for Backward Classes (NCBC). The Act provided for Article 342A also, empowering the President to notify any particular caste as SEBC and Parliament to change the list. That is where the problem began for the Centre!

1. The Constitution (127th) Amendment Bill will restore powers to states and Union Territories to draw up their own OBC lists.
2. Once the Parliament amends Article 342-A and 366(26)C of the Constitution, states will be empowered to add castes to the OBC list.

• National Commission for Backward Classes (NCBC): The NCBC was established on August 14, 1993 in accordance with the provisions of National Commission for Backward Classes Act, 1993. The NCBC was setup as the result of "Indra Sawhney & Others v. Union of India". Supreme Court directed the Government, State Governments and Union Territory Administrations to set up a permanent body in the nature of a Commission or Tribunal to entertain, examine and recommend on requests of inclusion and complaints of over-inclusion and under-inclusion OBC list. Supreme Court also held that, Constitution recognised only social and educational but not economic backwardness. It was finally given the status of constitutional body under 123rd constitutional amendment bill 2017 and 102nd amendment 2018 in constitution. Article 338B of the Indian Constitution deals with the NCBC. It works under the parent head of Ministry of Social Justice and Empowerment. 

 

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