Question : Consider the following statement:
i) As per recent Supreme Court verdict, 102nd Constitution amendment took away states’ power to declare Socially and Educationally Backward Classes (SEBC) for grant of quota in jobs and admissions.
ii) 102 Constitutional Amendment act gave constitutional status to National Commission for Backward Classes.
Which of the above are correct?
a) only i
b) only ii
c) both i and ii
d) None
Ans: c
Context
- Central government has approved a Constitution Amendment Bill on August 4, 2021 that seeks to empower states and UTs to make their own OBC lists.
- Facts
- Union cabinet has approved the bill and it will now be introduced in the parliament.
- Background
- The 102nd Constitution Amendment Act of 2018 gave constitutional status to National Commission for Backward Classes.
- It inserted Articles 338B 342A. While 338B deals with the structure, duties and powers of the National Commission for Backward Classes, 342A deals with powers of the President to notify a particular caste as SEBC and power of Parliament to change the list.
- Since then opposition parties have accused the government of assaulting the federal structure by taking away the power of the states to identify and list the other backward classes (OBCs).
- Recently The Supreme Court has also dismissed the Centre’s plea seeking review of the May 5 majority verdict of the court, which held that the 102nd Constitution amendment took away states’ power to declare Socially and Educationally Backward Classes (SEBC) for grant of quota in jobs and admissions.
- In line of all of this union cabinet has decided to bring the above mentioned amendment to give back power of the deciding list of OBCs to states.
By kameshwar shukla