102nd Amendment of Indian Constitution, 2018

The 102nd Amendment of Indian Constitution, which was passed in 2018 and became effective on August 13, 2018, is a pivotal and transformative piece of legislation. It introduced a profound change to India’s affirmative action and reservation policies. The Indian Constitution has undergone numerous amendments since its adoption in 1950, each seeking to address specific issues and adapt to the changing needs of the nation. The 102nd Amendment Act, of 2018, is one such landmark amendment that brought significant changes to the constitutional framework.

What is the 102nd Amendment of Indian Constitution, 2018?

The 102nd Amendment Act, of 2018, is a constitutional amendment in India that grants constitutional status to the National Commission for Backward Classes (NCBC). The primary purpose of this amendment is to ensure a more objective and evidence-based classification of socially and educationally backward classes and to empower the NCBC to recommend measures for their welfare and advancement. The 102nd Amendment Act was established and passed by the Indian Parliament in 2018. It was officially enacted on August 8, 2018, when it received the President’s assent and became part of the Indian Constitution.

Key Provisions of the 102nd Amendment of Indian Constitution

• Article 338B: The National Commission for Backward Classes (NCBC) was established by Article 338B, which was added to the Indian Constitution by the amendment. The NCBC’s membership, authority, and duties are described in this article.
• Article 342A: It gives the Indian President the authority to establish socially and educationally disadvantaged groups in each of the states and union territories. Additionally, it gives the President the authority to change this list depending on the NCBC’s recommendations.

Some of the prominent people involved in bringing this Act are Ram Nath Kovind (President at that time), Narendra Modi (Prime Minister), Arun Jaitley (Late Union Minister of Finance and Corporate Affairs), Amit Shah (Home Minister of India), Rajnath Singh, Venkaiah Naidu (Vice President of India at that time) and many more.

Article 338B of 102nd Amendment

The National Commission for Backward Classes (NCBC) was established, its members are listed, and its duties are described in this article. It creates the NCBC as a constitutional body tasked with investigating requests to add particular classes as backward classes, handling complaints from classes, taking part in the backward class development planning process, and assessing the development of the classes as they move forward. The Commission is composed of a Chief Commissioner, a former Supreme Court judge serving as Chairperson, and other members, at least two of whom are female. These members are appointed by the President of India and hold office for a period of six years.

Article 342A of 102nd Amendment

This article discusses the President of India’s authority to designate socially and educationally disadvantaged classes and to modify the list in accordance with the National Commission for Backward Classes (NCBC) recommendations. This authority is used to notify the public and it could be used in partnership with the state governor. Furthermore, any socially or educationally disadvantaged class may be added to or removed from the central list by Parliament, as detailed in the notification.

History of 102nd Amendment of Indian Constitution

The demand that the NCBC be given constitutional standing led to the creation of the 102nd Amendment Act. The National Commission for Backward Classes Act of 1993 first created the NCBC as a statutory organization, but it lacked the protections and constitutional support it needed to carry out its duties. This amendment’s primary goal was to add Article 338B, a new article to the Indian Constitution, which gave the NCBC the power to investigate welfare measures and complaints related to educationally and socially disadvantaged groups and recommend appropriate remedies. The 102nd Amendment Act, which gave the National Commission for Backward Classes constitutional status and defined its authority, was a turning point in Indian constitutional history.

Why the 102nd Amendment of Indian Constitution is significant?

It is significant because of the following reasons:

• Constitutional Acknowledgment of NCBC: The NCBC was given more authority and freedom to carry out its mission as a result of this constitutional recognition, which improved its ability to serve the interests of the socially and educationally disadvantaged groups.
• Clarity on Reservation Policy: By providing this clarity, these communities felt reassured and affirmative action initiatives supporting their social and educational growth could proceed.
• Decentralization of Authority: The amendment gave the President, after discussing with the Governor, the authority to designate socially and educationally disadvantaged classes, replacing the Parliament’s authority to do so. It showed a move towards the decentralization of authority and might result in a more precise and regional method of class identification.
• NCBC Empowerment: The NCBC plays a more active and significant role in the welfare and development of these communities.

Advantages of 102nd Amendment of Indian Constitution

• Encouraging Social Justice: The Act’s main advantage is its ability to encourage social justice by correcting systemic and historical injustices and giving socially and educationally disadvantaged groups opportunities for growth and advancement.
• Effective Implementation: The NCBC is better equipped to supervise and ensure the execution of initiatives and laws aimed at improving the lives of the poor, which helps decrease social and economic inequalities, now that it has a legislative authority.
• Transparent Reporting: Accountability and transparency in the NCBC’s activities are guaranteed by the required yearly reporting to the President and Parliament.
• Developing Targeted Policies: Since the set of backward classes is flexible, targeted regulations and positive action plans can be adapted to the unique requirements of various groups within the classes.

Drawbacks of 102nd Amendment of Indian Constitution

• Complexity of Classification: Determining and organizing backward classes can be a difficult and controversial procedure.
• Administrative Difficulties: Allocating resources, keeping an eye on things and ensuring that benefits are delivered efficiently are just a few of the administrative difficulties that come with putting programmes and regulations for the welfare of those in need into reality.
• Reservation Debates: Reservation laws in government employment and education are frequently connected to the categorization of underprivileged groups and may give rise to discussions and disagreements over representation and quotas in different industries.
• Unequal State Implementation: There may be large variations in how the amendment is applied in different states, which could result in differences in the advantages that the lower classes obtain in many areas.

FAQs on 102nd Amendment Act, 2018

1. Are there any legal challenges to the 102nd Amendment Act?

Sections of the change, including the President’s authority under Article 342A, have been subject to legal challenges. These challenges are open to judgement and judicial assessment.

2. In addressing the issues of the backward classes, what function does the National Commission for Backward Classes (NCBC) serve?

Ensuring that policies and programmes are successfully directed towards these groups, monitoring the execution of safeguards and proposing actions for the welfare and development of the backward classes are all critical tasks performed by the NCBC.

3. Do all Indian states and union territories fall under the authority of the 102nd Amendment Act?

Yes, the amendment applies to all states and union territories but state-specific requirements and revisions are permitted under the President’s authority under Article 342A.

4. Does the 102nd Amendment Act specify how long the list of backward classes will be reviewed every time it is updated?

The change raises the question of how long the list of backward classes will be reviewed. Although the frequency may vary, the NCBC is intended to conduct this evaluation on a regular basis.

5. Who appoints the council members of the National Commission for the backward classes?

The President of India appoints the Chairperson, the Chief Commissioner and other members of the NCBC.

6. What impact does the 102nd Amendment Act have on India’s reservation laws?

Although the change has no direct impact on the reservation policies now in effect, it does help to improve their effectiveness and targeting by guaranteeing a more accurate classification of backward classes.

References:

Amendment Act 102 [legislative.gov.in/]

Maratha Reservations Hearings [www.scobserver.in/]

National Commission for Backward Classes [www.ncbc.nic.in/]