127th CONSTITUTIONAL AMENDMENT BILL

Context:

• The Constitution 127th Amendment Bill, 2021, which seeks to restore the states’ power to make their own OBC lists, has been passed in the Lok Sabha with 385 members voting in support and no member opposing it.

Background

• Reservation is a form of positive discrimination, created to promote equality among marginalised sections, so as to protect them from social and historical injustice.
• Generally, it means giving preferential treatment to marginalised sections of society in employment and access to education.
• National Front government in 1990, to implement the recommendation of the Mandal Commission that jobs in central government should be reserved for the Other Backward Classes.
• This led to violent ‘anti Mandal’ protests in di erent parts of the country.
• This dispute between the supporters and opponents of OBC reservations was known as the ‘Mandal issue’ and was to play an important role in shaping politics since 1989.
• The decision was also challenged in the Supreme Court and came to be known as the “Indira Sawhney case”.

Reservation for OBCs in Educational Institutions

• 1979, the Central Government appointed the Second Backward Classes Commission under the chairmanship of B.P. Mandal.
• The Mandal Commission was appointed in terms of Article 340 of the Constitution to investigate the conditions of the socially and educationally backward classes and suggest measures for their advancement .
• The reservation to OBC was an exception to Article 15 of the Indian Constitution which was added by the 93rd Amendment Act of 2005.
• The Central Government enacted the Central Educational Institutions (Reservation in Admission) Act, 2006, providing a quota of 27% for candidates belonging to the Other Backward Classes (OBCs).

Indra Sawhney case

• Indra Sawhney case 1992 ruled that the total reservation for backward classes cannot go beyond the 50% mark.
• Not only Maharashatra but Tamil Nadu, Haryana and Telangana also exceed the reservation quota above 50% .
• 1990, when the V P Singh led-government set out to implement the Mandal report and it was challenged in court.
• The court in this judgment upheld the 27 % quota that was provided to the Socio economic Backward classes.
• The advanced sections among the OBCs (the creamy layer- Economically well o ) should be excluded from the list of beneficiaries of reservation.
• Limit should not exceed 50% except in exceptional circumstances and extraordinary situations, this limit can be crossed.

Constitutional provisions

• Article 15 and 16 of the Constitution enabled the State and Central Governments to reserve seats in government services for the members of the SC and ST.
• Article 330 and 332 provides for specific representation through reservation of seats for SCs and STs in the Parliament and in the State Legislative Assemblies respectively.
• Article 243D provides reservation of seats for SCs and STs in every Panchayat.
• Article 233T provides reservation of seats for SCs and STs in every Municipality.
• Article 335 of the constitution says that the claims of STs and STs shall be taken into consideration constituently with the maintenance of e cacy of the administration. Intensity of climate change.

About the 127th Constitutional amendment bill

• The Constitution (One Hundred and Twenty-Seventh Amendment) Bill, 2021 was introduced in Lok Sabha by the Minister of Social Justice and Empowerment.
• The Bill amends the Constitution to allow states and union territories to prepare their own list of socially and educationally backward classes.
• List of socially and educationally backward classes: The National Commission for Backward Classes (NCBC) was established under the National Commission for Backward Classes Act, 1993.
• The Constitution (One Hundred and Second Amendment) Act, 2018 gave constitutional status to the NCBC, and empowered the President to notify the list of socially and educationally backward classes for any state or union territory for all purposes.

The 2021 Bill amends this to provide that the President may notify the list of socially and educationally backward classes only for purposes of the central government.

• This central list will be prepared and maintained by the central government. Further, the Bill enables states and union territories to prepare their own list of socially and educationally backward classes.
• This list must be made by law, and may di er from the central list.
• Consultation with the NCBC: Article 338B of the Constitution mandates the central and state governments to consult the NCBC on all major policy matters a ecting the socially and educationally backward classes.
• The Bill exempts states and union territories from this requirement for matters related to preparation of their list of socially and educationally backward classes.