Snehal Upadhyay-
Published on: August 09, 2021, at 19:25 IST
The Central Government on Monday has introduced the Constitution (One Hundred and Twenty Seventh Amendment) Bill in the Lok Sabha which will enable the States and Union Territories to Socially and Economically Backward Class (SEBC) and include them in a list to be published under Article 342A (1), specifying SEBCs concerning each State and Union Territory.
This amendment has been introduced on account of the Apex Court’s decision given in the Maratha Reservation case. With getting 3:2 majority it was held that it’s the authority of the Central Government which is empowered to identify SEBCs.
The amendment bill aims to bring changes in Article 342A of the constitution.
Article 342A states that the President that he may with respect to any State or Union territory, and where it is a State, after consultation with the Governor thereof, by public notification, specify the tribes or tribal communities or parts of or groups within tribes or tribal communities which shall for the purposes of this Constitution be deemed to be the Scheduled Tribes in relation to that State or Union territory, as the case may be.
The Bill states, “In order to adequately clarify that the State Government and Union territories are empowered to prepare and maintain their own State List/ Union territory List of SEBCs and intending to maintain the federal structure of this country, there is a need to amend article 342A and make consequential amendments in articles 338B and 366 of the Constitution.”
The Court while pronouncing the judgment on the Maratha quota case stated that the states are authorized to make suggestions through their existing mechanisms, or by statutory commissions, to the President or the Commission under Article 338B, for inclusion, exclusion or modification of castes or communities, in the list to be published under Article 342A (1).
Click here to Read/Download the Bill
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