Question

egarding the 102nd Constitutional Amendment, consider the following statements:

I. It introduced Article 342A, allowing the President to specify socially and educationally backward classes for States and Union Territories.

II. The National Commission for Backward Classes was given constitutional status under Article 338B.

III. The amendment was passed in the Rajya Sabha on 10 April 2017.

Which of the statements given above is/are correct?

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

Answer 1

Answer:

A. I and II only,

102nd Constitutional Amendment Act, 2018

• This amendment primarily deals with the 'Socially and Educationally Backward Classes' (SEBCs).

• Statement I is correct: The Act inserted Article 342A into the Constitution. This article empowers the President to notify the socially and educationally backward classes in relation to a State or Union Territory. However, any subsequent inclusion or exclusion from this list can only be done by Parliament through an act.

• Statement II is correct: The amendment gave constitutional status to the National Commission for Backward Classes (NCBC) by inserting Article 338B. Prior to this amendment, the NCBC was a statutory body established under the National Commission for Backward Classes (Act), 1993. Article 338B outlines the composition, powers, and functions of the NCBC.

• Statement III is incorrect: The 102nd Constitutional Amendment Bill was passed by the Lok Sabha on 2nd August 2018 and by the Rajya Sabha on 11th August 2018. It received the President's assent on 18th August 2018 and came into effect from that date. The date mentioned in Statement III (10 April 2017) is incorrect.

• Background: The Supreme Court's judgment in the Indra Sawhney case (1992) had recognized the need for a separate commission for backward classes. The 102nd Amendment aimed to strengthen the constitutional framework for identifying and safeguarding the interests of SEBCs.