Question

Which of the following statements are correct regarding the 102nd and 103rd Constitutional Amendments?

i. The 102nd Amendment introduced Article 338B, establishing the National Commission for Backward Classes.

ii. The 103rd Amendment provides for 10% reservation for Economically Weaker Sections under Articles 15(6) and 16(6).

iii. The 102nd Amendment was passed in the Lok Sabha on 10 April 2017 and received Presidential assent on 12 January 2019.

iv. The first state to implement the 103rd Amendment’s reservation for economically backward classes was Gujarat.

• A. Only i and ii are correct
• B. Only i, ii, and iv are correct
• C. Only ii and iii are correct
• D. Only i and iii are correct

Answer 1

Answer:

B. Only i, ii, and iv are correct

102nd Constitutional Amendment Act, 2018

• This amendment aimed to grant constitutional status to the National Commission for Backward Classes (NCBC).
• It inserted Article 338B, which deals with the powers, duties, and functions of the NCBC.
• It also inserted Article 342A, empowering the President to specify socially and educationally backward classes, and the Parliament to include or exclude them from the list.
• The Supreme Court in the S. Vinod Kumar vs. Union of India case (2018) held that the 102nd Amendment did not delegate the power to identify socially and educationally backward classes to the states, but rather ensured that the President would specify such classes after considering recommendations from the NCBC.

103rd Constitutional Amendment Act, 2019

• This amendment introduced the provision for 10% reservation for Economically Weaker Sections (EWS) in government jobs and educational institutions.
• It amended Article 15 by adding clause (6), allowing the state to make special provisions for the advancement of any EWS.
• It also amended Article 16 by adding clause (6), enabling the state to reserve appointments or posts in favour of any EWS, which is not more than ten per cent of the total number of vacancies.
• The validity of this amendment was upheld by the Supreme Court in the Jan Hit Abhiyan vs. Union of India case (2022), which affirmed that the EWS reservation does not violate the basic structure of the Constitution.
• Gujarat was the first state to implement reservation for economically backward classes based on criteria other than caste.
• Statement iii is incorrect because the 102nd Amendment Act received Presidential assent on August 28, 2018, and was notified on August 29, 2018.