127 Amendment to the Constitution of India

Date:

Introduction

The Centre on Tuesday said it “understood” the emotion while pointing out that issues of the constitution and other legal issues need to be addressed in light of the Supreme Court’s unwillingness to alter the quota threshold of 50%.

The demand was made after the Lok Sabha passed a Constitutional Amendment Bill 386-0 that restores states’ ability to create their OBC lists.

Maharashtra’s social justice minister, Virendra Kumar, stated that the Maratha group could be included on its list. The demands of Jats, Patels, and Gurjars, among others, were also expressed by MPs.

“While the administration realises that the limitation should be revisited because it was established 30 years ago, the court has consistently stated that the cap should be maintained.

As a result, its constitutional and legal dimensions must be carefully considered. According to the minister, the Indra Sawhney order mentioned breaking it, but only in rare cases and for out-of-the-mainstream communities.

Virendra Kumar, the minister of social justice, dodged requests for a caste census to accurately ascertain the proportion of OBCs and demands that the results of the previous socioeconomic caste survey be made public.

On the other hand, Kumar addressed the 50% ceiling problem by expressing the Centre’s sympathies while emphasising the court blockade that has hindered attempts to award quotas over the limit.

When the LS resumed debate on the 127th Constitution Amendment Bill after three weeks of disruptions, the sensitive demands for the abolition of the 50 per cent cap and an OBC or caste census to estimate the population of Mandal classes were at the Centre of the debate.

The law aims to overturn the Supreme Court’s May 5 decision and reinstate governments’ authority to create and manage the “state list of OBCs.” In response, Kumar stated that Maharashtra will now have the power to make state OBC lists that include the Maratha community.

127 AMENDMENT TO THE CONSTITUTION OF INDIA
Image Source: Times of India

The Lok Sabha unanimously approved the law, with 0 votes against it and 386 in favour. However, an amendment proposed by Shiv Sena’s Vinayak Raut allowing states to exceed the 50% ceiling was defeated with only 71 votes in favour.

Aside from the political unanimity on the bill, the political elite, except the BJP, made loud demands on the ceiling.

The government, through its speakers, stated that the bill’s goal was to give OBCs their due, while measures such as the economically weaker section quota help the poor among forwards.

According to BJP speakers, the bill is not a one-time action and is the result of multiple pro-OBC decisions.

CONCLUSION

The final week of the monsoon session is well underway, following the passage of six bills on Monday.

The speed with which bills were passed has raised suspicions about the government’s desire to terminate the session sooner than planned. On Monday, the Rajya Sabha and Lok Sabha each passed three bills.

A move to refer bills to select committees in the Rajya Sabha was lost after several Opposition members staged a walkout over the last-minute addition, claiming it gave them too little time to prepare.

The administration agreed to consider farm laws, which was one of the primary demands made by the opposition this year.

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