Govt tables OBC bill in House, Oppn to back it
NEW DELHI: The Union government on Monday introduced in the Lok Sabha a constitutional amendment that aims to restore the power of states to identify backward castes, with the Opposition saying it will “cooperate” with the Narendra Modi government to clear the passage of the crucial bill in Parliament amid frequent protests and disruptions over the demand to discuss the Pegasus snooping row and farmers’ protest against the farm laws.
Union social justice and empowerment minister Virendra Kumar introduced the Constitution (127th Amendment) Bill, 2021, in the Lower House. In the statement of objects and reasons, Kumar said in order to adequately clarify that the states and Union territories are empowered to prepare and maintain their own list of SEBCs (Socially and Educationally Backward Classes) and with a view to maintain the federal structure of this country, there is a need to amend Article 342A and make consequential amendments in articles 338B and 366 of the Constitution.
The 102nd Constitution Amendment Act of 2018 inserted
articles 338B, which deals with the structure, duties and powers of the National Commission for Backward Classes, and 342A that deals with the powers of the president to notify a particular caste as an SEBC and the power of Parliament to change the list. Article 366 (26C) defines SEBCs.
The 127th Constitution Amendment Bill 2021 aims to bypass a May 2021 Supreme Court ruling that said only the Centre could notify SEBCs — and not the states.
The Bill comes ahead of crucial elections in five states early next year.
At a meeting held at Rajya Sabha Leader of Opposition Mallikarjun Kharge’s office earlier on Monday, various parties spoke about the important bill while trying to finalise their strategy for the remaining part of the session. While two parties were in favour of continuous protests, others were of the opinion that the Constitution amendment should be cleared as it empowers the states on a very sensitive subject.
“We will peacefully support this bill. This issue is in the interest of backward classes and the country,” Kharge said.
“We decided that we will allow and cooperate for the passage of the Constitution amendment bill. On all other issues, our protest will continue,” said Communist Party of India (Marxist)’s Elamaram Kareem, one of the leaders present in the meeting.
On May 5, a five-judge Constitution Bench of the Supreme Court, headed by justice Ashok Bhushan, had unanimously set aside a Maharashtra law granting quota to Marathas and refused to refer the 1992 Mandal verdict that put a 50% cap on reservation to a larger bench. The apex court’s decision triggered protests by state governments and OBC groups.
Opposition support to the Bill is significant as a constitutional amendment requires two-thirds majority of lawmakers who are present during the proceedings, with at least 50% in attendance.
So far, the Monsoon Session of Parliament, which began on July 19, has been rocked by frequent protests and disruptions. Both Houses have seen opposition lawmakers troop to the Well, hold placards and shout slogans against the government over their demand to discuss the Pegasus row and the agri laws.