Open Access Research Article
THE CONSTITUTION (105th AMENDMENT) ACT, 2021 (By-Pranay Jindal)
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Article Details
THE CONSTITUTION (105th AMENDMENT) ACT,
2021
Authored By-Pranay
Jindal
(Final Year,
Faculty Of Law, University Of Delhi)
The
127th Amendment Bill Of 2021
The Objective:
Earlier
state governments were vested with the power to prepare the list of the Socially
and Educationally Backward Classes but such power to prepare the list was
snatched by 102th Amendment Act, which empowers the parliament to
prepare such list. But by this Amendment states are again empowered to prepared
such list for granting reservation to Socially and Educationally Backward
Classes.
What Was 102nd Amendment?
·
Our
Constitution does not refer to the word OBC (Other Backward Classes), it refers
to the “Socially and Educationally Backward Classes”.
·
Reservation
of OBC ‘s in India is 27 % recommended by Mandal Commission in the year 1992
via its report, based on the 1931 census.
·
27%
OBC’s + 23% SC/ST equal to 50% overall reservation
·
As
to Indra Sawhney’s judgement, in any case reservations 50% cap shall never be
exceeded.
·
Previously
the state governments were having the power to identify that which class and
community must be added in the list of OBC’s, but when this 102nd
Amendment came in
2018. This amendment took away the power of state government and
empowered the Centre and President to identify that which class and community
will be added in OBC’s list
·
So,
the power rest upon the Centre and the president that which class and community
to be included or deleted from the OBC’s list
·
This
amendment also provided the constitutional status to NCBC ie; National
Commission for Backward classes under Article 338B
·
NCBC
was setup in the year 1993 by the NCBC Act.
Article 338 B Added Via 102nd
Amendment
·
Inquiring
complaints regarding infringement of rights and provided safeguards thereof.
·
Advising
on social economic development
·
Investigate
matters relating to safeguard of SEBC.
·
Report
to president about working off safeguards
·
Recommendation
for effective implementation of safeguards (protection, welfare)
·
Any
other functions
Article
342A Added Via 102nd Amendment
·
This
is this is the second article inserted via 102nd Amendment
·
President
notifies communities to be added
·
Parliament
can include or exclude names from the list
·
This
amendment brings a huge disparity because only centre have the power to prepare
OBC’s list but there are different states having different OBC’s list but after
this amendment they do not have power to include them in the OBC’s list
Maratha Reservation
1.
In
2018 Maratha community reservation up to 16% end was challenged in the Supreme
Court in the year 2019 which is in violation of 1992 Indra Sawhney judgement[1]
in which maximum cap of 50% was provided subsequently Hon’ble Supreme Court
scrapped the quota of 16% provided by Maharashtra government[2].
2.
Hon’ble
Supreme Court stated that as per 102nd Amendment centre have the
power to make such list and provided for the reservation.
This 127th amendment bill
Surpass the Supreme court’s judgement in Maratha reservation case because this
127th Amendment Bill again gives power to states to make the list of
OBC’s.
After enforcement of constitution the
president exercising power under Article 340 and appointed Kaka
kalekar Commission to investigate the conditions of all Socially and
Educationally Backward classes.
·
This
Commission was first National Commission for backward classes
·
And
as per the report of Kaka Kalekar Commission the Marathas were dominant ruler
in most of the parts of Maharashtra so, therefore it did not Considered them as
backward class community.
·
This
Commission recommended 20% reservation for backward classes but their report
was never considered.
Thereafter 2nd NCBC was
appointed under the
name Mandal Commission. The Mandal Commission report was the stepping
stone for 27% reservation for OBC category.
What is Cast based census and
what will it change?
·
It
was last published Cast based census of India held in the year 1931.
·
Thereafter,
in 1941 it was also done but not published.
·
Since
1951 only SC/ST’s are recorded.
·
And
NCBC is demanding for cast based census. So, states must know how much of the
population belongs to OBC’s.
Why opposition supported this move?
·
OBC’s
forms substantial voter percentage.
·
Opposed
to the people from this category.
·
In
India politics has always been around reservations.
Article Information
THE CONSTITUTION (105th AMENDMENT) ACT, 2021 (By-Pranay Jindal)
Authors: Pranay Jindal
- Journal IJLRA
- ISSN 2582-6433
- Published 2022/09/13
- Volume 2
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
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