Centre finalises amendment to Article 342A to restore states’ power to identify OBCs

The Centre has finalised a constitutional amendment to restore the power of states to identify Other Backward Classes (OBCs), which had been struck down by the Supreme Court in May when it empowered the President to determine communities that can be included as OBCs.

The Ministry of Social Justice and Empowerment has framed an amendment to Article 342A which would add a clause to clarify that state governments have the power to identify OBCs or socially and educationally backward classes to be included on the respective state lists. According to people in the know, the amendment has been vetted by the law ministry.

A senior social justice and empowerment ministry official told ET: “We are administratively ready with the constitutional amendment. The timing to introduce and pass it would have to be taken by the political leadership.” So far, the constitutional amendment has not been listed for introduction and passing in the monsoon session of Parliament beginning Monday.

The amendment was necessitated after the Supreme Court in its May 5 ruling upheld the 102nd constitutional amendment but said the President, based on the recommendations of the National Commission for Backward Classes (NCBC), would determine which communities would be included on the state OBC list. The ruling struck down the Maratha quota introduced by the Maharashtra government – a politically potent issue in the state.

The 102nd constitutional amendment, passed in 2018, had introduced Article 342A (with two clauses) after Article 342 which said that the President, in consultation with the governor, would specify the socially and educationally backward classes. The amendment, which has now been framed by the government, introduces a third clause – Article 342A (3) – which would clearly state that the power to notify OBCs on the state list would vest in the state governments. “This would be a clarificatory clause,” said the official.

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