Constitution amendment bill to restore states’ rights on OBC list

The Lok Sabha recently passed the Constitution (127th) Amendment Bill to restore the states’ power to make their own OBC lists.

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The Bill seeks to restore the power of State governments to identify OBCs that are socially and educationally backward after a Supreme Court order in May 2021 empowered only the Centre to do so.

The amendment was thought necessary because the SC, in its order on Maratha reservation, upheld the 102nd Constitutional Amendment Act.

It inserted Articles 338B and 342 A (with two clauses) after Article 342, which said the President of India, in consultation with the Governors, would specify socially and educationally backward classes, taking away the powers of State governments to do so.

The bill should be considered as the 105th Constitution Amendment bill after being renumbered.