The present constitutional amendment which was introduced as a bill in the parliament was to make it clear that along with the center even states are empowered to identify and specify SEBCs and also to specify that states SEBC list may also differ from the center list of SEBC.
Subsequently, the introduced bill with the said purpose was passed by the parliament as the 127th constitutional amendment act on 10th August 2021.
The 127th constitutional amendment, amended the Article 342A of the constitution of India regarding states power to make its own list of SEBC as follows:
“Notwithstanding anything contained in clauses (1) and (2), every State or Union territory may, by law, prepare and maintain, for its own purposes, a list of socially and educationally backward classes, entries in which may be different from the Central List.”
Further, there were also amendments made to the provisions of Article 338B and Article 366 of the constitution of India.
It is pertinent to note here what the center noted in the statement and objects to the bill i.e., it is necessary to pass a bill to maintain the federal structure of this country through making amendments to article 342A through which both center and states will be empowered to make their own lists of SEBC.
Needful to mention here that the power of states to make their own list of SEBCs different from the center was lost after the Maratha Judgement where the Hon’ble supreme court held that “power of states to make SEBC list of their own was lost after 102nd Constitutional amendment act was passed”
The union government stand was against what Hon’ble Supreme court held in Maratha Judgement concerned by which union government filed a review petition which was also dismissed.
