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BACKWARD CLASS CASE ( 127 TH AMENDMENT BILL )

  

 

BACKWARD CLASS CASE ( 127 TH AMENDMENT BILL )

 

 

INTRODUCTION

 

The government has introduced a bill in parliament to clarify "certain clauses in the 102nd Constitutional Amendment Bill" in order to restore the states' ability to establish backward classes. Separate OBC lists are drawn up by the Centre and each state in India. Articles 15(4), 15(5), and 16(4) expressly granted a state the authority to identify and declare a list of socially and educationally disadvantaged groups.

 

 

 

REQUIREMENT OF 127TH CONSTITUTION AMENDMENT BILL

The modification was required when the Supreme Court upheld the 102nd Constitutional Amendment Act but indicated that the President would decide which groups would be included on the state OBC list based on the recommendations of the National Commission for Backward Classes (NCBC).

1. The 127th Amendment is needed to restore state governments' powers to keep the state list of OBCs, which was taken away by the Supreme Court's interpretation.

2. This legislation promotes social empowerment. It also demonstrates our government's dedication to providing dignity, opportunity, and justice to those who have been marginalized.

3. In the All India Quota (AIQ) plan for undergraduate (UG) and postgraduate (PG) medical/dental programs, the government approved a 27 percent reservation for the Other Backward Classes (OBCs) and a 10% quota for the Economically Weaker Sections (EWS) starting in 2021-22.

 

 

 

 

 

CONSTITUTIONAL PROVISIONS FOR IDENTIFICATION OF OBCS

  1.  The bill aims to reinstate state governments' ability to designate OBCs who are socially and educationally backward, which was taken away by a Supreme Court judgment in May 2021.

  2.  Articles 15(4), 15(5), and 16(4) of the Indian Constitution give states the authority to identify and announce a list of socially and educationally backward castes.

  3.  The Centre and each state build up distinct OBC lists as a matter of routine.

  4.  The amendment was deemed necessary after the Supreme Court upheld the 102nd Constitutional Amendment Act in its decision on the Maratha reservation.

  5. It added Articles 338B and 342 A (with two clauses) to Article 342, which said that the President of India, in conjunction with the Governors, would identify socially and educationally backward sections, depriving state governments of the right to do so.

  6. The bill attempts to restore the states' and union territories' ability to create their own OBC lists.

  7. In the Lok Sabha, the Central Government filed a significant constitutional amendment bill that seeks to reinstate the states' ability to create their own OBC lists.

 

CONCLUSION:

The current Constitutional Amendment Bill is historic legislation since it will assist 671 castes across the country. As a result, roughly one-fifth of all OBC communities will profit. It would reinstate the states' powers to keep a state list of OBCs, which were taken away by a Supreme Court ruling. It will enable states to respond swiftly to socioeconomic needs that are unique to a particular state or region. India has a federal framework, and the recently enacted Bill would strengthen that structure even further. This modification was necessary for the good of society as a whole.
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