What is the Constitution (127th) Amendment Bill, 2021.

On 10th August 2021, the Lok Sabha passed by the constitution 127th Amendment Bill. Out of 368 members not a single member vote against this bill.

The amendments seeks to restore the power of state government to identify other backward class that are socially and economically backward.

After passing in both houses it will become the 105th Constitutional Amendment Act 2021

The amendment was necessitated after the supreme court in its Maratha reservation ruling in may upheld the 120nd Constitutional Amendment Act.

Honorable Court decided that the president, based on the Recommendation of National Commission for Backward Classes (NCBC) would determine which communities would be include on the state OBC list.

 

 The Mandal Commission

1979- The Morarji Desai government appointed the second backward classes Commission under the chairmanship of of BP Mandal.

The main aim of this Commission was to investigate the condition of the socially and educationally backward classes and suggest measure for their advancement.

The commission submitted its report in 1980. It identified that in India there are 3743 castes as socially and educationally backward classes.

Which basically constituted about 52% component of the total population, excluding the schedule castes (SCs) and Scheduled Tribes (STs).

The Mandal Commission recommended for the reservation of 27% government jobs for other backward classes (OBCs), show that the total reservation for all SCs, STs and OBCs amount of 50%Bill was introduced by Union Minister of Social Justice and Empowerment, Virendra Kumar.
It was introduced in the Parliament to clarify some provisions of the 102nd Constitutional Amendment Bill, restoring the power of states to identify backward classes.

Constitutional provisions
Articles 15 (4), 15 (5), and 16 (4) of the Indian constitution confer power on the State Government to declare and identify a list of socially and educationally backward classes. Central and state governments draw separate OBC lists as a practice.

The need for the latest amendment was aroused after the Supreme Court in its Maratha reservation ruling of May 2021 upheld the 102nd Constitutional Amendment Act. SC also stated that the President will determine which communities will be included on the state OBC list, on the recommendations of the National Commission for Backward Classes (NCBC).

About 127th Constitution Amendment Bill
    1) The 127th Constitutional Amendment Bill will amend clauses 1 and 2 of Article 342A.
    2) It will introduce a new clause 3.
    3) It will also amend Articles 366 (26c) and 338B.
    4) The bill has been designed to clarify that, State Governments can maintain a state list of OBCs,                      restoring the system prior to SC judgment.
    5) Under the amendment, the latest ‘State List’ will be taken out of the purview of the President                        completely and it will be notified by State Assembly.

 

Constitution Amendment Bills

• As per the procedure laid down in the Constitution, Constitution Amendment Bills can be of three types
  • requiring a simple majority for their passage in each House.
  • requiring special majority for their passage in each House i.e., a majority of the total membership of a House and by a majority of not less than two-thirds of the members of that House present and voting (article 368).
  • requiring special majority for their passage and ratification by Legislatures of not less than one-half of the States by resolutions to that effect passed by those Legislatures (proviso to clause (2) of article 368).
    • A Constitution Amendment Bill under article 368 can be introduced in either House of Parliament and has to be passed by each House by special majority.
    • There is no provision of joint sittings on a Money Bill or a Constitution Amending Bill.