Cabinet passes bill restoring power of states to make their own OBC lists

Synopsis:

The reservation has always been a sticky and political issue. While some time back Government gave constitutional status to NCBC, now Government is coming up with a move for states to make their own OBC list.

Context:

The Union Cabinet is learnt to have cleared a Constitution amendment bill which seeks to give power to states and UTs to make their own OBC lists

What were the changes brought by the 102 Constitution Amendment Act 2018?

Inserted

• Article 338 B – Deals with structure, power & duties of National Commission for Backward Classes (NCBC)
• Article 342A—President has the power to notify any particular caste as Socially and Educationally Backward Classes (SEBC) for grant of quota in jobs and admissions.

What are the Court judgements regarding reservation?

• Set aside Maharashtra law granting the quota to Marathas

Read More: Maratha Reservation and the Reservation Policy in India – Explained, Pointwise

• Refused to refer 1992 Mandal verdict which puts a 50% cap on reservation

Read more: The Mandal case and Reservation in India – Explained, Pointwise

• Dismissed Centre plea to review 102 Constitution amendment which took away the power of states to provide benefits regarding job & admission to SEBC (Socially & Educationally Backward Classes)

SC Verdict on 102 Amendment Act 2018

• The SC upheld the constitutional validity of the act
• According to Article 342 A(1)—centre alone is empowered to identify SEBC for claiming reservation benefits. Further, Once the list is published, amendments can be done only by law enacted by the parliament
• The states can only make suggestions to President.

Terms to know:

• National Commission for Backward Classes