New Delhi: After a month-long standoff, Trinamool Congress (TMC) supported the Modi government in passing the 127th Constitution amendment Bill in Lok Sabha on Tuesday. The Bill seeks to restore the power of the states to identify backward classes.
While speaking in the Lower House, senior TMC MP Sudip Bandyopadhyay said, "This Bill is giving power to states, it is legislation beneficial to the states and therefore they will support this Bill."
"This Bill is being passed as power is being transferred to the states from the Centre; so it is a good sign. It is giving power to state governments to identify socially and economically backward classes in the states to give reservations in education and government jobs," he further added.
On Monday, opposition parties decided to support the Constitution (One Hundred and Twenty-Seventh Amendment) Bill 2021. It was cleared by the Union Cabinet last week.
The amendment was necessitated after the Supreme Court in its Maratha reservation ruling in May this year upheld the 102nd Constitutional Amendment Act but said the President, based on the recommendations of the National Commission for Backward Classes (NCBC), would determine which communities would be included on the state OBC list.
The amendment further proposes to add clause (3) to Article 342A, which clarify that states and UTs will have the power to identify and specify Socially and Economically Backward Classes for their purposes and that such list may differ from the Central list.
"Article 338B of the Indian Constitution provides for the National Commission for OBCs. The Supreme Court verdict after this amendment said that only the Central government will have the power to declare a class as OBC. Hence, the State OBC Commissions will virtually become defunct. Many state governments objected to this. Accordingly, it has been contemplated that the 102nd Amendment, creating Article 338B, should be further amended to keep intact the provision of having state governments' OBC lists. Therefore we will support this Bill," Bandyopadhyay said.
According to the Constitution of India, Articles 15(4), 15(5) and 16(4) confer power on a state to identify and declare the list of Socially and Educationally Backward Classes (SEBCs). As a matter of practice, separate OBC lists are drawn up by the Centre and each state concerned. Reportedly, if the state list gets abolished, nearly 671 OBC communities would lose access to reservations in educational institutions and appointments. This would adversely impact nearly one-fifth of the total OBC communities.
The Bill will be tabled for passage in Rajya Sabha on Wednesday.