127th Constitutional Amendment Bill, Objective, Key Provisions

The 127th Constitutional Amendment Bill, 2021 was introduced in the Lok Sabha on 9 August 2021 by the Minister of Social Justice and Empowerment, Dr. Virendra Kumar. The bill aimed to amend the Constitution to clarify the powers of the central and state governments regarding the identification of socially and educationally backward classes (SEBCs). After being passed by Parliament, the bill became the 105th Constitutional Amendment Act.

127th Constitutional Amendment Bill, 2021 Objective

The main objective of the 127th Constitutional Amendment Bill was to amend the Constitution of India to clearly restore the power of states and union territories to prepare and maintain their own list of socially and educationally backward classes (SEBCs), commonly known as Other Backward Classes (OBCs). The amendment was introduced to remove the confusion created after the 102nd Constitutional Amendment Act and to ensure that the federal structure of India is preserved.

127th Constitutional Amendment Bill Background

The 102nd Constitutional Amendment Act, 2018 inserted three important provisions in the Constitution. These were Article 338B, Article 342A, and Article 366(26C).

• Article 338B created the National Commission for Backward Classes and gave it constitutional status. This commission is responsible for examining matters related to the welfare and protection of socially and educationally backward classes.
• Article 342A gave the President of India the power to notify the list of socially and educationally backward classes for each state and union territory.
• Article 366(26C) defined the term “socially and educationally backward classes”.

Although the intention of the 102nd Constitutional Amendment was mainly related to the Central List of OBCs, confusion arose about whether states still had the authority to maintain their own list of backward classes.

This issue became prominent after the judgment of the Supreme Court of India in Jaishri Laxmanrao Patil v. State of Maharashtra. In this case, the Court interpreted the constitutional provisions in a way that suggested that only the President could notify the list of backward classes, which appeared to remove the powers of states to maintain their own OBC lists. To resolve this issue and restore the traditional powers of states, the government introduced the 127th Constitutional Amendment Bill.

‹ ›

127th Constitutional Amendment Bill Key Provisions

The 127th Constitutional Amendment Bill introduced important amendments in Articles 338B, 342A and 366 of the Constitution to clarify the roles of the central government and the states in identifying socially and educationally backward classes.

Amendment to Article 338B

• Article 338B deals with the powers and functions of the National Commission for Backward Classes.
• The 127th Constitutional Amendment Bill inserted a provision in Article 338B(9) stating that states and union territories are not required to consult the National Commission for Backward Classes when preparing their own list of socially and educationally backward classes under Article 342A(3).
• This provision ensures that states can independently prepare and maintain their own list of backward classes without mandatory consultation with the central commission.

Amendment to Article 342A

The 127th Constitutional Amendment Bill made significant changes to Article 342A.

• First, it clarified that the President will notify the list of socially and educationally backward classes only for the purposes of the Central Government. This list is known as the Central List of OBCs.
• Second, the amendment added a new clause Article 342A(3). This clause clearly states that every state or union territory can prepare and maintain its own list of socially and educationally backward classes through a law passed by the state legislature.

This means that the state list of OBCs can be different from the central list, depending on local social and economic conditions.

Amendment to Article 366(26C)

The 127th Constitutional Amendment Bill also amended Article 366(26C), which defines socially and educationally backward classes.

• The amendment clarified that socially and educationally backward classes refer to those communities that are recognised under Article 342A for the purposes of the Central Government or the State or Union Territory.

This ensures that both the central list and state lists of OBCs are constitutionally recognised.

105th Constitutional Amendment Act, 2021

After Parliament passed the 127th Constitutional Amendment Bill, it became the 105th Constitutional Amendment Act, 2021.

The 105th Constitutional Amendment Act formally restored the powers of states and union territories to identify and maintain their own list of socially and educationally backward classes.

The Act clarified that:

• The Central Government will maintain the Central List of OBCs.
• State governments can maintain their own State List of OBCs through legislation.
• The state list may differ from the central list depending on local conditions.

Thus, the 105th Constitutional Amendment Act removed the constitutional ambiguity that had emerged after the Supreme Court’s interpretation of the 102nd Amendment.

105th Constitutional Amendment Act Importance

The 127th Constitutional Amendment Bill is significant for several reasons.

• It restores the powers of states and union territories to identify socially and educationally backward classes according to their own social realities.
• It removes constitutional ambiguity created after the interpretation of the 102nd Constitutional Amendment.
• It strengthens the federal structure of India, as states once again have authority over reservation policies related to backward classes.
• It maintains a clear distinction between the central list and the state lists of OBCs, which helps in better implementation of reservation policies.