States Restored With The Power To Make Their Own Backward Class List As Parliament Unanimously Passes The 127th Constitutional Amendment Bill, 2021

Why is it in the news

• The Lok Sabha, on 10th August 2021, passed the 127th Constitutional Amendment Bill, 2021 which was approved by the Rajya Sabha on 11th August 2021.
• The bill received 187 votes in the Rajya Sabha, while it was unanimously passed in the Lower House of the Parliament with the assent of all the 385 members present.
• The Bill was introduced by the Central Government on 9th August 2021 as a consequence of the Supreme Court’s verdict in the Maratha Reservation case.
• The object of the bill was to restore to the State Governments the power to make their own lists of the backward classes in the respective states.

The need for its implementation

• In pursuance of the powers under Articles 15(4), 15(5), and 16(4) of the Indian Constitution, the State Governments enlist their own backward classes list for various purposes, especially reservations.
• However, the 102nd Constitutional Amendment Act of 2018 had inserted Articles 338B and 342A to the Constitution. Article 338B deals with the structure, powers, and duties of the National Commission for Backward Classes. Article 342A, that has two clauses within it, which states that the President, in consultation with the Governor, would specify about the different backward classes.
• The Supreme Court recently upheld the 102nd Amendment Act and stated that the States have lost their power to identify the backward classes by virtue of the said amendment, and the power is now vested in the President.
• The Judgement has clearly taken away the State Government’s right to specify such classes in the State. This will consequently affect a number of backward communities as they might lose access to reservations.

Supreme Court’s Intervention

• In Jaishri Laxmanrao Patil v. Chief Minister, Maharashtra (2021), the Supreme Court heard a petition challenging the constitutional validity of Maharashtra’s Socially and Educationally Backward Classes Act, 2018, that grants reservations to the Maratha community.
• The main contentions raised in the plea were that the State exceeded the 50% limit for reservation and did not comply with the procedure required under the 102nd Amendment Act.
• When the matter was first heard by the Bombay High Court, it validated the reservation, and held that States have the power to exceed the 50% limit in exceptional circumstances. Similarly, it also opined that the 102nd Amendment did not take away the State’s power to make its backward classes list.
• The Supreme Court Bench reversed the order of the Bombay High Court. It held that reservation limit of 50% should not be exceeded. It further ruled that States have lost their power to identify backward classes after the 102nd Amendment Act.

The 127th Constitutional Amendment Bill, 2021

The 127th Constitutional Amendment Bill proposes the enactment of the Constitution (One Hundred and Fifth Amendment) Act, 2021. The Bill made three amendments to the Indian Constitution:

• 1. A proviso was inserted in clause (9) of Article 338B that states that nothing in the clause (9) of the Article would affect clause (3) of Article 342A.
• 2. Article 342A was modified, and besides other changes, clause (3) was inserted that restored State’s power of preparing and maintaining its own list of backward classes, and such entries may be different from the Central List.
• 3. In Article 366, clause 26C was amended. Accordingly, “socially and educationally backward classes” means such backward classes as are so deemed under Article 342A for the purposes of the Central Government or the State or Union territory, as the case may be.”

What are your views regarding the passing of the bill and the restoration of the States’ power?