Skip to main content

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.


Comments

Popular posts from this blog

Concept of constitutionalism

  Concept of constitutionalism Who Started Constitutionalism? John Locke - The English Bill of Rights is a foundational constitutional document that helped inspire the American Bill of Rights. Political theorist  John Locke  played a huge role in cementing the philosophy of constitutionalism.  Constitution is a written law which describes the structure of Government, the rules according to which the Govt. must work and the boundaries within which the Govt. must work. Constitutionalism   can be defined as the doctrine that governs the legitimacy of government action, and it implies something far more important than the idea of legality that requires official conduct to be in accordance with pre-fixed legal rules. Constitution constitution is the document that contains the basic and fundamental law of the nation, setting out the organization of the government and the principles of the society. Basic norm (or law) of the state; System of integration and organi...

business tips

1. Have a clear vision for your business and strive to achieve it. 2. Hire great people and give them ownership in the company. 3. Provide excellent customer service. 4. Establish yourself as an expert in your field. 5. Develop relationships with key suppliers, customers, and partners. 6. Keep track of your finances and invest in marketing and innovation. 7. Utilize digital platforms to reach a larger audience. 8. Take calculated risks and back yourself. 9. Continuously strive to improve your products and services. 10. Make customer satisfaction your priority.

Effects of Non-Registration

 Effects of Non-Registration The Companies Act, 2013 evidently highlights that the main essential for any organization to turn into a company is to get itself registered. A company cannot come into existence until it gets registered. But no such obligation has been imposed for firms by the Indian Partnership Act, 1932. If a firm is not registered it does not cease to be called as a firm, it still exists in the eyes law. Certainly, such a big advantage is not absolute but is subjected to a lot of limitations which we will study further. Non-registration of a firm simply means that the business skips the formalities of incorporation and ceases to exist in the eyes of the law. section 58 of the Indian Partnership Act, 1932 deals with the procedure of incorporation. Likewise, the meaning of non-registration is the exact opposite of registration, meaning when a firm does not go through the procedure of incorporation or start carrying on activities without getting registered. Effects of ...