Q. With reference to the socially and educationally backward classes (SEBCs) in India, consider the following statements:
1. States can prepare their own list of socially and educationally backward classes.
2. The list of socially and educationally backward classes prepared by the states cannot differ from the Central list.
3. Only the Parliament may notify the Central list of socially and educationally backward classes.
4. Union Territories must consult the National Commission for Backward Classes while preparing their list of socially and educationally backward classes.
How many of the above statements are correct?
Exp) Option a is the correct answer.
The Constitution (105th Amendment) Act seeks to clarify some provisions in the 102nd Constitutional Amendment Act to restore the power of the states and Union territories to prepare their own list of socially and educationally backward classes.
Statement 1 is correct. The Constitution (105th Amendment) Act enables states and union territories to prepare their own list of socially and educationally backward classes. This list must be made by law.
Statement 2 is incorrect. The Constitution (105th Amendment) Act provides that the list made by states and union territories can differ from the central list.
Statement 3 is incorrect. The Constitution (One Hundred and Second Amendment) Act, 2018 gave constitutional status to the NCBC, and empowered the President to notify the list of socially and educationally backward classes for any state or union territory for all purposes. The 2021 amendment act amends this to provide that the President may notify the list of socially and educationally backward classes only for purposes of the central government. This central list will be prepared and maintained by the central government.
Statement 4 is incorrect. Article 338B of the Constitution mandates the central and state governments to consult the NCBC on all major policy matters affecting the socially and educationally backward classes. The Constitution (One Hundred and Twenty-seventh Amendment) Bill, 2021 exempts states and union territories from this requirement for matters related to preparation of their list of socially and educationally backward classes.
