The Amendment is necessary for the wake of the Supreme Court dominating the Maratha
reservation case, ruled out by a 3:2 majority.
The Government of India is all set to introduce the 127th Constitution Amendment Bill in its
currently happening session of Parliament, which ends this Friday.
The Government of India is pressuring for this bill to clarify some provisions in the 102th Amendment Bill.
On Monday, the Central Government introduced the bill in the Lok Sabha to enable States and Union territories to socially and economically backward class (SEBC) and include them in the list of Article 342A (1), specifying these classes according to each State and Union Territory.
What is the need to have 127th Amendment Bill?
The Amendment is necessary for the wake of the Supreme Court ruling out in the Maratha
Reservation Case in May, which had upheld the 102nd Constitution Amendment Bill.
But later, they said that The President would determine which communities are to be incorporated in the list based on the appeal of the National Commission for Backward Classes.
The Judgement read that The President shall be guided in the recognition task of SEBCs by the Commission Set up under Article 338B.
It also said that they should also look out for concerning the policies that it will frame.
Any reports prepared by the Commission scrutinizing identification matters will have to be shared with the state government and dealt with.
According to the Constitution of India, Articles 15 (4), 15 (5) and 16 (4) give the state the power to recognize and declare the list of socially and educationally backward classes and the Centre and the state concerned will prepare separate OBC lists.
The states power under the articles mentioned above remains untouched – except the ability to identify SEBCs.
127th Amendment Bill is necessary for restoring the powers of the State Governments for
maintenance of the lists of OBCs, which the Supreme Court had carried off.
The Annihilation of the State lists would leave 671 communities of the Other Backward Classes stranded and lose access to reservations in educational institutions and appointments of any category.
Such an Act would poorly smash one-fifth of the OBCs Community.
Supreme Court’s Negotiation
The SC held the Maharashtra State Reservation for SEBCs Act, 2018 impermissible after hitting the turbulence on 5 May.
The first Opposition to the quota was filed in Bombay High Court right after the Lok Sabha legislation.
Indira Sawhney case in 1992 violated the rule of " Reservation should not exceed the 50% mark in any state & quot.
In 2018, Bombay HC refused to put a temporary stay on the quota law even while hearing the case.
Later, in 2019, Bombay HC held the quota but asked the state to reduce it from 16% to 12% in its Judgement.
On the question of Breaching of 50% mark, Bombay HC held that the capping imposed by SC could overpass in an unprecedented state of Affairs.
But the Bench of the Supreme sounded different on reading. There was no exceptional
circumstance that granted separate reservations to Maharashtra to exceed the benchmark of 50%.
The Maharashtra State reservation for SEBCs Act, 2018 violates the right to equality apotheosized in Article 16.
The outreach without any exceptional circumstances breaches Articles 14 and 16, making the act a deadly virus.
Other than Maharashtra, states of Haryana, Tamil Nadu and Chhattisgarh- have quotas that
breach the 50% benchmark.
In contrast, Rajasthan, Gujarat, Jharkhand, and Karnataka have demanded a stroll in quota vaulting.
Benefits of 127:
This amendment bill will change Article 342A, clauses one and clauses two and also add clause 3. This the bill will also make Amendments to Articles 366 (26c) and 338B (9).This
Amendment is to clarify that the states can maintain the list of OBCs as it was before the Supreme Court Judgement.
Mallikarjun Kharge, Leader of Opposition in Rajya Sabha, said, All Opposition parties will support the the bill being introduced in the Parliament today.
However, Rajya Sabha and Lok Sabha proceedings were adjourned multiple times after the Opposition parties discussed the Israeli- made military-grade Pegasus spyware being used on opposition leaders and government.
Union Minister Virendra Kumar is expected to introduce the bill today.
A time slot of 4 hours has been allotted for passing the account, and the Opposition has assured complete cooperation during the discussion.
Oppositions support is necessary for passing the bill due to the requirement of 2/3 rd majority of lawmakers who are to be present during the proceedings, with at least 50% presence.