102nd Constitutional Amendment Act, History, Key Details

The 102nd Constitutional Amendment Act of 2018 granted constitutional status to the National Commission for Backward Classes (NCBC). It also empowered the President to notify the list of socially and educationally backward classes (SEBCs) for each state or union territory. In May 2021, the Supreme Court ruled that this amendment had taken away the state’s power to identify SEBCs within their own jurisdictions for the purpose of providing reservations in education and employment.

102nd Constitutional Amendment Act

India passed the 102nd Constitutional Amendment Act on August 11, 2018. This Act gave constitutional status to the National Commission for Backward Classes (NCBC), which had originally been set up in 1993. Article 338B was introduced to formally establish the NCBC as a constitutional body. It empowers the Commission to investigate matters related to socially and educationally backward classes (SEBCs), handle complaints, and advise the government on welfare policies and development measures.

Article 342A was added to give the President the authority to notify SEBCs for each state and union territory. Once notified, only Parliament can make changes to the central list of SEBCs. The Amendment clarified that it does not impact existing reservations for Scheduled Castes, Scheduled Tribes, or Other Backward Classes (OBCs). 

The Amendment updated Article 366, which contains definitions used throughout the Constitution. The 102nd Constitutional Amendment strengthened the institutional framework for protecting and promoting the interests of SEBCs by giving the NCBC more authority and a constitutional mandate. It aimed to improve representation, ensure consistent policy-making, and provide a clearer process for identifying and supporting backward communities.

102nd Constitutional Amendment Act History

Two Backward Class Commissions were appointed one by Kaka Kalelkar in the 1950s and another by B.P. Mandal in the 1970s. Later, in the Indra Sawhney Case 1992, the Supreme Court directed the government to set up a permanent body to handle issues related to Backward Classes.

The idea was to have a commission that could regularly review, examine, and recommend which communities should be included or excluded from the Backward Classes list. Acting on this, Parliament passed the National Commission for Backward Classes Act in 1993, leading to the formal establishment of the commission.

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Article 338B

Article 338B was added to the Indian Constitution through the 102nd Constitutional Amendment Act in 2018. It made the National Commission for Backward Classes (NCBC) a constitutional body. This Article outlines the structure, powers, and duties of the Commission. The table below highlights some of the key provisions and features of Article 338B.

Article 343A

Article 342A of the Indian Constitution was added in 2018. It empowers the President of India to identify socially and educationally backward classes for each State and Union Territory.

Under this Article, the President can issue a notice specifying which communities qualify as backward. These notifications form the basis for creating official lists of backward classes across States and Union Territories. These lists are important because they determine who is eligible for government benefits like reservations in education and jobs, as well as other affirmative action programs.

While the President has this power, the process can involve suggestions and discussion with the Governor of a State or the Administrator of a Union Territory. However, the final decision rests with the President, and Parliament plays a role in shaping how the law is implemented.