Key Facts About 127th Constitution Amendment Bill

Central Government introduced the 127th Constitution (amendment) bill, 2021 in Lok Sabha on August 9, 2021. The bill seeks to restore the state’s power to make its own OBC lists. 

It was introduced in the Parliament to clarify some provisions of the 102nd Constitutional Amendment Bill, restoring the power of states to identify backward classes.

The Lok Sabha, on August 10, passed The Constitution (One Hundred and Twenty-Seventh Amendment) Bill, 2021 after a discussion that lasted nearly six hours.

The Bill that aims at restoring powers of states to notify backward classes received Opposition’s support, in a rare display of unity after more that three weeks of constant protests in both Houses over the Pegasus Project report, farm laws, and price rise.

The need for the amendment aroused after the Supreme Court in its Maratha reservation ruling of May 2021 upheld the 102nd Constitutional Amendment Act. SC also stated that the President will determine which communities will be included on the state OBC list, on the recommendations of the National Commission for Backward Classes (NCBC).

The 127th Constitution Amendment Bill will amend clauses 1 and 2 of Article 342A and also introduce a new clause 3. The Bill will also amend Articles 366 (26c) and 338B (9).

The 127th Amendment Bill is designed to clarify that the states can maintain the "state list" of OBCs as was the system prior to the Supreme Court judgment. Articles 366 (26c) define socially and educationally backward classes.

The "state list" will be completely taken out of the ambit of the president and will be notified by the state Assembly as per the proposed Bill.

All the 385 Lok Sabha members who were present in the House voted in favor of the Bill during the division voting on August 10. There was no opposition to the Bill though some members from Opposition parties demanded the removal of the 50 percent ceiling on the reservation.