Question

Consider the following statements regarding the 102nd Constitutional Amendment:

I. Article 342A was introduced, empowering the President to specify socially and educationally backward classes for states and union territories.

II. The National Commission for Backward Classes (NCBC) was granted constitutional status under Article 338B.

III. This amendment was passed in Rajya Sabha on April 10, 2017.

Which of the above statements are correct?

• A. III only
• B. I, II only
• C. I only
• D. II, III only

Answer 1

Answer:

B. I, II only

The 102nd Constitutional Amendment Act, 2018

• This Act significantly altered provisions related to Socially and Educationally Backward Classes (SEBCs).

• Statement I: Verified. Article 342A was inserted by this amendment. It allows the President to notify socially and educationally backward classes for the purpose of the Union and for each state, following which Parliament may by law include in such list any class or exclude therefrom. This effectively shifted the power to identify SEBCs from states to the Centre, with states needing presidential assent to identify such classes within their jurisdiction.

• Statement II: Verified. The National Commission for Backward Classes (NCBC) was granted constitutional status. Article 338B was inserted to provide for this commission, detailing its composition, powers, and functions, similar to the National Commission for Scheduled Castes (Article 338) and the National Commission for Scheduled Tribes (Article 338A).

• Statement III: Incorrect. The 102nd Constitutional Amendment Act was enacted in 2018. While the bill was introduced earlier, it was passed by the Lok Sabha on August 5, 2018, and by the Rajya Sabha on August 11, 2018. The date April 10, 2017, mentioned in the statement, is not associated with the passage of this amendment.

• Key Impact: The amendment aimed to standardize the identification of backward classes across the country, but led to legal challenges and debates regarding the balance of power between the Centre and the states in matters of social justice. The Supreme Court, in the Maratha reservation case (2021), later held that states do not have the power to create their own SEBC list, reinforcing the implications of Article 342A.