Question

Consider the following statements regarding the 102nd Constitutional Amendment (2018):

1. The 102nd Amendment introduced Article 342A, empowering the President to specify socially and educationally backward classes.

2. It amended Article 338 to include provisions for the National Commission for Backward Classes.

3. The amendment was passed in the Rajya Sabha before the Lok Sabha.

Which of the statements given above is/are correct?

• A. Only 1 and 2
• B. Only 1 and 3
• C. Only 2 and 3
• D. Only 1

Answer 1

Answer:

A. Only 1 and 2

102nd Constitutional Amendment Act, 2018

• The 102nd Constitutional Amendment Act, enacted in 2018, holds significant importance in Indian Polity, particularly concerning the status of backward classes.
• Article 342A: Granting Power to the President
  • This amendment introduced Article 342A into the Constitution.
  • Article 342A empowers the President of India to specify the socially and educationally backward classes (SEBCs) within a state or Union Territory.
  • This power is exercised after consultation with the Governor of the concerned state.
  • This provision aimed to streamline the process of identifying backward classes for affirmative action.
• Amendments to Article 338: National Commission for Backward Classes
  • The Act also amended Article 338 of the Constitution.
  • It established a statutory body, the National Commission for Backward Classes (NCBC), with constitutional status.
  • This commission is tasked with investigating and considering all matters relating to the constitutional and other legal safeguards for SEBCs and advising the government on policy matters concerning them.
  • Prior to this amendment, the NCBC was a statutory body established under the National Commission for Backward Classes Act, 1993. The 102nd Amendment gave it constitutional recognition.
• Legislative Process: Rajya Sabha First
  • The Constitution (123rd Amendment) Bill, 2017, which became the 102nd Amendment Act, was indeed first introduced and passed in the Rajya Sabha.
  • It was subsequently passed by the Lok Sabha, fulfilling the constitutional requirement for amendment procedures.
• Distinction from Other Amendments:
  • It's important to distinguish this amendment from the 101st Amendment (GST) and the 103rd Amendment (EWS reservation).
  • The 102nd Amendment specifically deals with the identification and status of SEBCs and the NCBC.