Question

Which of the following statements is/are correct regarding the 102nd Constitutional Amendment (2018)?

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

ii. The 123rd Amendment Bill was introduced in the Lok Sabha by Thawar Chand Gehlot.

iii. The 102nd Amendment came into force before the 103rd Amendment.

• A. Only i
• B. Only i and ii
• C. Only ii and iii
• D. All of the above (i, ii, and iii)

Answer 1

Answer:

D. All of the above (i, ii, and iii)

102nd Constitutional Amendment Act, 2018:

• Establishment of National Commission for Backward Classes (NCBC): This amendment inserted Article 338B into the Constitution. This article grants constitutional status to the National Commission for Backward Classes, defining its powers, composition, and functions. Prior to this amendment, the NCBC was a statutory body established by an Act of Parliament in 1993.

• President's Power to Specify Socially and Educationally Backward Classes: The amendment also inserted Article 342A. This article empowers the President to specify the socially and educationally backward classes (SEBCs) in relation to a State or Union Territory, in consultation with the Governor. It also states that Parliament may by law include or exclude any caste or social group from the list of SEBCs.

• Parliamentary Process for the 123rd Amendment Bill: The 102nd Constitutional Amendment Act originated as the 123rd Amendment Bill. It was introduced in the Lok Sabha on August 10, 2017, by the then Union Minister for Social Justice and Empowerment, Thawar Chand Gehlot.

• Enactment Timeline: The 102nd Constitutional Amendment Act received the assent of the President on August 11, 2018. It came into force on August 14, 2018. This timeline indicates that the 102nd Amendment was enacted before the 103rd Constitutional Amendment Act (which dealt with reservations for Economically Weaker Sections and was enacted in January 2019).

• Impact on Federal Structure: The amendment aimed to clarify the powers related to identifying backward classes, strengthening the role of the NCBC as a constitutional body and streamlining the process of inclusion/exclusion from backward classes lists.