102 Amendment of Indian Constitution

102 amendment of indian constitution

The National Commission for Backward Classes was given constitutional status by the Constitution of India’s 102nd Amendment, also known as the Constitution (One Hundred and Second Amendment) Act of 2018.

In May 2021, the Court verdict said that the 102nd Amendment Act of 2018 eliminated states’ authority in the matter to establish socially and educationally backward classes within their borders for the purpose of granting quotas in jobs and admissions in educational institutions.

This article will help you to gain more information on the 102 Amendment of Indian Constitution.

This is an important segment for the UPSC’s polity and governance portion of the UPSC General Studies Syllabus.

102 Amendment Of Indian Constitution 

First, it was meant to provide constitutional status to the National Commission for Backward Classes. Article 342A granted powers to the President to declare a caste as an SEBC, and the President may make an amendment to the list with a law passed by the Parliament. But states cannot declare a new caste. All they can do is recommend it. This means that the state government cannot declare a new caste as a BC (Backward Class).

The 102 amendment of the Indian constitution (i.e. 102 caa) seeks to give the National Commission for Backward Classes a constitutional status, making it a quasi-independent body that examines welfare measures and complaints for socially and educationally backward classes. The commission was to be equal to the National Commission for Scheduled Castes and the National Commission for Scheduled Tribes.

History And Buildup To The 102nd Amendment Of Indian Constitution

In the 1950s and 1970s, two Backward Class Commissions were appointed. After the second one was appointed by the Supreme Court, the court, in 1992, directed a permanent body to examine and entertain complaints of socially and educationally backward classes. The National Commission for Backward Classes Act was passed in 1993. The NCBC was a statutory body that was part of the Ministry of Social Justice and Empowerment.

Time passed and in 2017, the 123rd Constitution Amendment bill was introduced to safeguard the interests and benefits of Backward Classes efficiently. A separate bill repealed the Backward Classes Act, 1993. In 2018, the 102 amendment of Indian Constitution gave constitutional status to the National Commission of Backward Classes.

Effects Of The 102 Constitutional Amendment Act

The following are the primary three effects or consequential amendments of the 102 Constitutional Amendment Act:

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Article 366 Of The Indian Constitution Has Been Amended

As an effect of the 102nd Indian Constituent Amendment Act, Article 366 was also amended to include the words “socially and educationally backward classes”  to define the backward classes deemed by the Central Government and States and Union Territories of India.

Insertion Of Article 338B Into The Indian Constitution

The NCBC’s structure and powers are defined in Article 338B of the 102 Amendment of Indian Constitution. According to the article, the commission is made up of the Chairperson, Vice-Chairperson, and three other representatives appointed by the President.

The NCBC’s responsibilities include monitoring matters regarding the protection provided to the socially and educationally Backward classes (SEBCs), investigating complaints about violations of their rights, suggesting measures to incorporate safeguards and welfare measures, and so on.

NCBC also presents an annual report to the President. The article gives the Commission the authority to act as a civil court while investigating complaints about the stripping of rights of the socially and educationally disadvantaged classes.

Insertion Of Article 342A Into The Indian Constitution

The 102 Amendment of Indian Constitution includes article 342A into the Indian Constitution. This article empowers the President to specify the Central list of OBCs or “socially and educationally backward classes” for employment under the Union government. However, the President needs to seek the concurrence of the State’s governor where the Backward List is located before changing the list.

Furthermore, it makes parliamentary approval obligatory before the addition or subtraction of any community from the list of backward classes.

Conclusion

Many deemed some part of the 102 Amendment of Indian Constitution as unconstitutional. Then the Parliament made amendments to this act to live up to the values enshrined in the preamble of India. An explanation clause was also added to clarify that all the States and Union Territories of India will have the right to prepare and maintain their lists of Socially and Educationally Backward Classes apart from the Central List.

FAQ

Q1. How Many Amendments Does India Have?

As of February 2021, there are 104 amendment acts in the Indian Constitution that have been implemented over time.

Q2. Name The First Amendment Made In Indian Constitution.

101 amendment of Indian Constitution is the first amendment made in the constitution of India.

Q3. Who Introduced The Bill For The 102 Constitutional Amendment Act In The Lok Sabha?

Thawar Chand Gehlot, Minister of Social Justice and Empowerment in the Lok Sabha, introduced the bill for the 102 Constitutional Amendment Act.

Q4. What Is The Objective Of The 102 Amendments Of The Indian Constitution?

In line with the National Commission for Scheduled Castes (NCSC) and the National Commission for Scheduled Tribes, the 102nd Amendment aimed to give the National Commission on Backward Classes (NCBC) constitutional standing.

Q5. Who Has The Power To Change The List Of Socially And Educationally Backward Classes (SEBC) Under The 102 Constitutional Amendment Act?

The Parliament has the power to change the list of SEBCs under the 102 Constitutional Amendment Act.

Q6. Who Can Proclaim A Community A Socially And Educationally Backward Class (SEBC) Under The 102 Constitutional Amendment Act?

A group may be designated as a Socially and Educationally Backward Class under the 102 Constitutional Amendment Act by the President of India.

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