Constitutional Amendment 102: Understanding India's Historic Move

The Indian Constitution, considered the lengthiest in the world, has been amended over 100 times since its enactment in 1950. The 102nd Amendment Act of 2018, upheld by India's Supreme Court, grants constitutional status to the National Commission for Backward Classes (NCBC). The NCBC, established in 1993, advises the government on the welfare of backward classes and can investigate and track issues related to them. The Amendment also inserts Articles 338B and 342A, empowering the President to identify socially and educationally backward classes in each state and union territory.

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The National Commission for Backward Classes (NCBC) was granted constitutional status

The 102nd Constitutional Amendment Act of 2018 in India granted constitutional status to the National Commission for Backward Classes (NCBC). The NCBC was established in 1993 as a statutory body to advise the government on the welfare of backward classes.

The 102nd Amendment inserted Article 338B into the Constitution, which established the NCBC as a constitutional body. The Amendment also added Article 342A, which empowers the President to identify socially and educationally backward classes in each state and union territory. This took away the power of individual states to do so, although states can still make suggestions to the President or the NCBC for modifying the list of backward classes.

The Amendment grants the NCBC specific powers to investigate and track issues related to backward classes, and to represent and protect their interests. The NCBC can examine complaints regarding the inclusion or exclusion of groups within the list of backward classes and make recommendations to the President and central government.

The 102nd Amendment was upheld by the Supreme Court as valid and not affecting the federal nature of Indian polity or the basic structure of the Constitution. However, there was some controversy, with a group of lawyers challenging the Amendment in the Supreme Court, arguing that it was unconstitutional. The Supreme Court ruled in favour of the Amendment, stating that it was necessary to ensure the NCBC had the necessary powers.

The President can identify backward classes in each state and union territory

The 102nd Amendment to the Constitution of India, passed in 2018, grants constitutional status to the National Commission on Backward Classes (NCBC). The NCBC was established in 1993 and advises the government on the welfare of backward classes.

The Amendment inserts Article 338B and Article 342A into the Constitution. Article 342A empowers the President to identify socially and educationally backward classes in each state and union territory. The President alone has the power to specify and include these classes in a list published under Article 342A (1). This list is deemed to include socially and educationally backward classes (SEBCs) in relation to each state and union territory for the purposes of the Constitution.

The Amendment does not affect the power of the states to make reservations in favour of communities or decide on the quantum and kind of reservations and nature of benefits. However, the states can only make suggestions to the President or the NCBC for removing, adding, or modifying the list of backward classes.

The 102nd Amendment was upheld by the Supreme Court as valid and not affecting the federal nature of Indian polity or the basic structure of the Constitution. The Supreme Court's verdict also specified that the power to specify socially and educationally backward classes has been given to the President, and states can only suggest backward communities to be included in the list.

The NCBC can investigate and track issues related to socially and educationally backward classes

The 102nd Amendment Act of 2018 to the Constitution of India granted constitutional status to the National Commission for Backward Classes (NCBC). The NCBC was established in 1993 as a statutory body and advises the government on the welfare of backward classes.

The 102nd Amendment inserted Article 338B into the Constitution, which established the NCBC as a commission for the socially and educationally backward classes. The commission is tasked with investigating and monitoring matters related to the safeguards provided for these communities under the Indian Constitution or other laws. It can inquire into specific complaints regarding the deprivation of rights and safeguards of the socially and educationally backward classes. The NCBC is empowered to examine complaints regarding the inclusion or exclusion of groups within the list of backward classes and advise the central government accordingly.

The 102nd Amendment also introduced Article 342A, which empowers the President to specify socially and educationally backward classes in each state and union territory. The President now has the sole power to identify these classes and include them in the list under Article 342A(1). While states can make suggestions for removing, adding, or modifying the list, the ultimate decision lies with the President.

The Amendment was challenged in the Supreme Court by a group of lawyers who argued that it was unconstitutional. However, the Supreme Court upheld the Amendment, ruling that it did not violate the basic structure of the Indian Constitution and that the power to specify socially and educationally backward classes had been validly transferred to the President.

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The NCBC can examine complaints regarding the inclusion or exclusion of groups within the list of backward classes

The 102nd Amendment to the Constitution of India, passed in 2018, grants constitutional status to the National Commission for Backward Classes (NCBC). The NCBC is a statutory body established in 1993 under the National Commission for Backward Classes Act. It advises the government on the welfare of backward classes.

The NCBC has been given the authority to examine complaints and welfare measures regarding socially and educationally backward classes. It can investigate and track issues related to these classes, and it has been granted specific powers to represent and protect them. The NCBC can also examine complaints regarding the inclusion or exclusion of groups within the list of backward classes. This is because the 102nd Amendment introduces Articles 338B and 342A, which empower the President to specify socially and educationally backward classes in various states and union territories. The President can do this in consultation with the Governor of the concerned state, but a law enacted by Parliament is required if the list of backward classes is to be amended.

The NCBC's recommendations with regard to inclusions and exclusions in the list were previously binding on the government. However, the new NCBC is entrusted with the additional function of grievance redressal of backward classes, and its recommendations are no longer binding. The NCBC is now delinked from Article 340, which addresses the appointment of a commission to investigate the conditions of backward classes. The new NCBC does not have the responsibility to define backwardness, and it cannot address the challenge of various castes demanding to be included as backward classes.

The 102nd Amendment was upheld by a 5-judge bench of the Supreme Court, which ruled that the power of the state to specify socially and educationally backward classes had been removed. The state can now only make recommendations and suggestions to the President or Commission for including, excluding, or modifying castes or communities in the list. The Supreme Court held that the power to specify socially and educationally backward classes has been given to the President, and states can only suggest backward communities to be included in the list.

The NCBC advises the government on the welfare of backward classes

The 102nd Amendment to the Constitution of India, passed in 2018, granted constitutional status to the National Commission for Backward Classes (NCBC). The NCBC was established in 1993 as a statutory body and advises the government on the welfare of backward classes.

The 102nd Amendment inserted Article 338B into the Constitution, which established the NCBC and outlined its role in investigating and monitoring matters related to the safeguards provided for socially and educationally backward classes. The NCBC has the power to examine complaints regarding the inclusion or exclusion of groups within the list of backward classes and make recommendations to the President or Commission for including, excluding, or modifying caste or communities.

The Amendment also added Article 342A, which empowers the President to identify socially and educationally backward classes in each state and union territory. The states can only make suggestions to the President or the NCBC for removing, adding, or modifying the list of backward classes. The Amendment ensures that the President has the final authority in identifying and including backward classes, while the states can still make reservations and determine the nature of benefits for communities.

The Supreme Court upheld the validity of the 102nd Amendment, stating that it did not affect the federal nature of Indian polity or adversely affect the basic structure of the Constitution. The Amendment was necessary to ensure that the NCBC had the required powers to fulfil its role in protecting and promoting the welfare of backward classes.

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