Bill to allow states to make OBC lists introduced in LS

A bill that restores the right of the states to make their own lists of other backward classes was introduced in the Lok Sabha on Monday.

The Constitution (127th) Amendment Bill, that seeks to give powers to the state governments and union territories to make their own OBC lists, was introduced in the Lok Sabha by Social Justice Minister Virendra Singh.

Opposition parties, who have stalled the proceedings in Parliament for the past three weeks, have decided to set aside their protests to support the Bill.

An assurance to this effect was given by Adhir Ranjan Chowdhury, leader of the Congress in the Lok Sabha.

The government move comes after the furore by political parties when the Supreme Court held the Constitution (102 Amendment) Act, 2018 took away the states' power to declare Socially and Educationally Backward Classes (SEBC) for grant of quota in jobs and admissions.

Read | Centre plans OBC Bill route to end Parliament logjam

“The legislative intent at the time of passing the Constitution (102nd) Amendment Act in 2018 was that it deals with the Central list of the socially and economically backward classes,” Singh said in a statement explaining the bill.

He said a question had arisen after the enactment of the Constitution (102nd) Amendment Act in 2018 as to whether the said amendments to the Constitution mandated for single central list of SEBCs specifying SEBCs of each state, thereby taking away the powers of the State to prepare and maintain a separate State list of SEBCs.

“In order to adequately clarify that the state government and union territories are empowered to prepare and maintain their own state list/union territory list of SEBCs and with a view to maintain the federal structure of the country, there is a need to amend Articles 342 A and make consequential amendments in articles 338B and 366 of the Constitution,” Singh said.

Parliament's Monsoon Session has witnessed relentless protests by a largely united Opposition which has been demanding discussion on Pegasus revelations of alleged snooping, the farmers' issues and price rise, which has prompted the government to push its legislative agenda amid din.

On May 5, a five-judge Constitution bench headed by Justice Ashok Bhushan had unanimously set aside Maharashtra law granting quota to Marathas and had refused to refer the 1992 Mandal verdict putting a cap of 50 % on reservation to a larger bench.

The apex Court, through a majority verdict on the interpretation of Articles 338B and 342A, ruled that states do not have the power to identify SEBCs.

The apex Court had dismissed the Centre's plea seeking review of the May 5 order, which prompted the government to bring a new Bill.