Govt introduces Constitution modification invoice in LS to revive states’ rights on OBC listing

Social Justice and Empowerment Minister Virendra Kumar launched the Constitution (127th Amendment) Bill, 2021 within the Lok Sabha on Monday. The invoice seeks to revive the states’ energy to make their very own OBC lists.

In the assertion of objects and causes, Kumar mentioned with a view to adequately make clear that the states and Union territories are empowered to arrange and preserve their very own listing of SEBCs (Socially and Educationally Backward Classes) and with a view to take care of the federal construction of this nation, there’s a must amend Article 342A and make consequential amendments in articles 338B and 366 of the Constitution.

The 102nd Constitution Amendment Act of 2018 inserted articles 338B, which offers with the construction, duties and powers of the National Commission for Backward Classes, and 342A that offers with the powers of the president to inform a specific caste as an SEBC and the facility of Parliament to alter the listing. Article 366 (26C) defines SEBCs.

The Supreme Court has dismissed the Centre’s plea searching for a overview of its May 5 majority verdict that held that the 102nd Constitution modification took away the states’ energy to inform SEBCs for the grant of quota in jobs and admissions.

Opposition events had accused the Centre of assaulting the federal construction by taking away the facility of the states to determine and listing the Other Backward Classes (OBCs).

However, Kumar advised the Rajya Sabha final month that the federal government is in session with authorized consultants and the Ministry of Law and analyzing methods to guard the facility of the states in figuring out the state lists of OBCs.

On May 5, a five-judge Constitution bench of the Supreme Court, headed by Justice Ashok Bhushan, had unanimously put aside a Maharashtra regulation granting quota to Marathas and refused to refer the 1992 Mandal verdict that put a 50-per cent cap on reservation to a bigger bench.

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