President Ramnath Kovind on August 19, 2021 gave his assent to the Constitution (105th Amendment) Act 2021, which restores the power of State Governments to identify and specify Socially and Economically Backward Classes (SEBCs).
- A notification to this effect was issued by Ministry of Law and Justice.
- The Constitution (127th amendment) Bill 2021 was passed by the Parliament on August 11, 2021 during the monsoon session.
- The amendment restores the states’ powers to make their own OBC lists by identifying and notifying socially and economically backward classes (SEBCs) for the grant of quota in jobs and admissions.
- In order to adequately clarify that the states and Union territories are empowered to prepare and maintain their own list of SEBCs (Socially and Educationally Backward Classes) and with a view to maintain the federal structure of this country, it amends Article 342A and makes consequential amendments in articles 338B and 366 of the Constitution.
- A constitutional amendment needs to pass with majority of the total strength of the House, and not less than a two-third majority of MPs present.
Background
- The 102nd Constitution Amendment Act of 2018 had inserted articles 338B, which deals with the structure, duties and powers of the National Commission for Backward Classes, and 342A that deals with the powers of the president to notify a particular caste as an SEBC and the power of Parliament to change the list. Article 366 (26C) defines SEBCs.
- The Supreme Court had dismissed the Centre’s plea seeking a review of its May 5, 2021 majority verdict that held that the 102nd Constitution amendment took away the states’ power to notify SEBCs for the grant of quota in jobs and admissions.
