{"id":58707,"date":"2026-02-02T16:24:10","date_gmt":"2026-02-02T10:54:10","guid":{"rendered":"https:\/\/vajiramandravi.com\/current-affairs\/?p=58707"},"modified":"2026-02-25T10:57:43","modified_gmt":"2026-02-25T05:27:43","slug":"102nd-constitutional-amendment-act","status":"publish","type":"post","link":"https:\/\/vajiramandravi.com\/current-affairs\/102nd-constitutional-amendment-act\/","title":{"rendered":"102nd Constitutional Amendment Act, History, Key Details"},"content":{"rendered":"

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\u2019s power to identify SEBCs within their own jurisdictions for the purpose of providing reservations in education and employment.<\/span><\/p>\n

102nd Constitutional Amendment Act<\/b><\/h2>\n

India passed the 102nd Constitutional Amendment Act on August 11, 2018. This Act gave constitutional status to the National Commission for Backward Classes<\/strong><\/a> (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.<\/span><\/p>\n

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).\u00a0<\/span><\/p>\n

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.<\/span><\/p>\n

102nd Constitutional Amendment Act History<\/b><\/h2>\n

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.<\/span><\/p>\n

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.<\/span><\/p>\n

Article 338B<\/b><\/h2>\n

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.<\/span><\/p>\n\n\n\n\n\n\n\n\n\n\n
Article 338B<\/b><\/td>\n<\/tr>\n
Title<\/strong><\/td>\nDescription<\/strong><\/td>\n<\/tr>\n
\n

Establishment of NCBC<\/span><\/p>\n<\/td>\n

\n
    \n
  • NCBC is a commission for backward classes.<\/span><\/li>\n
  • It is established by Article 338B.<\/span><\/li>\n
  • It operates at the national level.<\/span><\/li>\n
  • It replaces the National Commission for Backward Classes Act, 1993.<\/span><\/li>\n<\/ul>\n<\/td>\n<\/tr>\n
\n

Composition<\/span><\/p>\n<\/td>\n

\n
    \n
  • The NCBC has a Chairperson, Vice-Chairperson, and three other members.\u00a0<\/span><\/li>\n
  • They are appointed by the President of India.\u00a0<\/span><\/li>\n
  • They hold office for a tenure specified by the President.<\/span><\/li>\n<\/ul>\n<\/td>\n<\/tr>\n
\n

Powers and Functions<\/span><\/p>\n<\/td>\n

\n
    \n
  • NCBC investigates and monitors backward class matters.<\/span><\/li>\n
  • This includes their inclusion in SC and ST lists.\u00a0<\/span><\/li>\n
  • It can investigate complaints about the rights of backward classes.\u00a0<\/span><\/li>\n
  • It can take action to protect those rights.<\/span><\/li>\n<\/ul>\n<\/td>\n<\/tr>\n
\n

Advice to the Government<\/span><\/p>\n<\/td>\n

\n
    \n
  • NCBC advises central and state governments on welfare measures for backward classes.<\/span><\/li>\n
  • It also recommends measures for their advancement.<\/span><\/li>\n<\/ul>\n<\/td>\n<\/tr>\n
\n

Duties<\/span><\/p>\n<\/td>\n

\n
    \n
  • NCBC studies the socio-economic conditions of backward classes.\u00a0<\/span><\/li>\n
  • They undertake research and analysis.\u00a0<\/span><\/li>\n
  • Reports are presented to the President.\u00a0<\/span><\/li>\n
  • The President shares the reports with both houses of Parliament i.e Lok Sabha and Rajya Sabha.<\/span><\/li>\n<\/ul>\n<\/td>\n<\/tr>\n
\n

Autonomy<\/span><\/p>\n<\/td>\n

\n