Lok Sabha passes 127th Constitution (Amendment) Bill seeking restoration of states’ power to make OBC lists

The 127th Constitution (Amendment) Bill, 2021 has been passed by the Lok Sabha on Monday.

The Bill aims at restoring the power of the states to identify backward classes.

The amendment was necessitated after Supreme Court in its Maratha reservation ruling in May upheld the 102nd Constitutional Amendment Act.

The SC added that the President, based on the recommendations of the National Commission for Backward Classes (NCBC), would determine which communities would be included on the state OBC list.

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The apex court’s decision triggered protests by state governments and other backward caste (OBC) groups. The Bill comes ahead of crucial elections in five states early next year.

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.