The Constitutional 127th Amendment Bill

The Constitutional 127th Amendment Bill

Subject: Geography

In news: The Constitutional 127th Amendment Bill will amend Articles 342 A — clauses 1 and 2 — and will introduce clause 342 A (3) specifically authorising states to maintain their State List.

More about the Bill:

• The 127th Constitution Amendment Bill will amend clauses 1 and 2 of Article 342A and also introduce a new clause 3.
• The Bill will also amend Articles 366 (26c) and 338B (9).
• The 127th Amendment Bill is designed to clarify that the states can maintain the “state list” of OBCs as was the system prior to the Supreme Court judgment.
• Articles 366 (26c) defines socially and educationally backward classes.
• The “state list” will be completely taken out of the ambit of the president and NCBC and will be notified by the state Assembly as per the proposed Bill.

Why is the 127th Constitution Amendment Bill needed?

• The Supreme Court in its Maratha reservation ruling in May upheld the 102nd Constitutional Amendment Act.
• The 102nd Constitution Amendment Act of 2018 had inserted Articles 338B and Article 342A (with two clauses) after Article 342. Articles 338B deals with the structure, duties and powers of the National Commission for Backward Classes. Article 342A says that the president, in consultation with the governor, would specify the socially and educationally backward classes.
• The amendment is necessary to restore the powers of the state governments to maintain a state list of OBCs which was taken away by a Supreme Court interpretation. If the state list gets abolished, nearly 671 OBC communities would lose access to reservations in educational institutions and in appointments. This would adversely impact nearly one-fifth of the total OBC communities.
• According to the Constitution of India, Articles 15(4), 15(5) and 16(4) confer power on a state to identify and declare the list of socially and educationally backward classes. As a matter of practice, separate OBC lists are drawn up by the Centre and each state concerned.

What is the procedure to get the 127th Constitution Amendment Bill passed?

• An amendment of the Constitution can be initiated only by the introduction of a bill in either House of Parliament.
• The bill must then be passed in each House by a majority of the total membership of that House and by a special majority of not less than two-thirds of the members present and voting.
• In case of disagreement between the two Houses, there is no provision for a joint sitting.
• If the amendment seeks to make any change in any of the provisions mentioned in the provision to Article 368, it must be ratified by the Legislatures of not less than one-half of the states. Although there is no prescribed time limit for ratification, it must be completed before the amending bill is presented to the president for his assent.