127th Constitutional Amendment Bill (2021) of Indian Constitution

Table of Contents

1.     What is the 127th Constitutional Amendment Bill?

2.     Why was the 127th Constitutional Amendment Bill Necessary?

3.     Changes Mandated By the 127th Constitutional Amendment Bill

4.     Significance of 127 Constitutional Amendment Bill

5.     OBC Bill 2021 – Key Highlights

6.     Relevance of 127th Amendment of Indian Constitution

7.     127th Amendment of Indian Constitution – Effect on OBCs

8.     127th Constitutional Amendment Bill UPSC

9.     Relevant Articles and Landmark Judgements

10.                        Key Points

11.                        MCQs for UPSC Exam Preparation

12.                        FAQs on the 127th Constitutional Amendment Bill

 

 

1. What is the 127th Constitutional Amendment Bill?

The 127th Constitutional Amendment Bill provided the National Commission for Backward Classes (NCBC) with constitutional status. It also restored the power of states and union territories to identify and list the Socially and Educationally Backward Classes (SEBCs).

 

Key Articles Amended:

• Article 342A (Clauses 1 and 2)
• Article 366 (26c)
• Article 338B (9)

 

 

2. Why was the 127th Constitutional Amendment Bill Necessary?

The necessity arose due to the implications of the 102nd Constitutional Amendment Act, 2018, which had inadvertently taken away the power of states to prepare and maintain their own SEBC lists. The Supreme Court, in the Maratha reservation case, ruled that only the President, after consulting the NCBC, could determine SEBCs. This led to the introduction of the 127th Amendment to restore state powers.

 

 

3. Changes Mandated By the 127th Constitutional Amendment Bill

Amendments:

1.     Article 342A (Clauses 1 and 2): Empowered states and union territories to maintain their own SEBC lists.

2.     Article 342A (Clause 3): Introduced a new clause allowing states and union territories to independently prepare SEBC lists.

3.     Article 338B: Exempted states from consulting NCBC for their SEBC lists.

4.     Article 366 (26c): Defined socially and educationally backward classes.

 

 

4. Significance of 127 Constitutional Amendment Bill

• Restores State Power: Reinstates the authority of states and union territories to identify SEBCs.
• Addresses Ambiguity: Clears the confusion arising from the 102nd Amendment.
• Social Empowerment: Ensures around 671 OBC communities continue to benefit from reservations in education and employment.
• Federal Structure: Reinforces the federal structure by respecting the autonomy of states.

 

 

5. OBC Bill 2021 – Key Highlights

• Clarification: Clarifies provisions of the 102nd Amendment.
• State Autonomy: Restores state powers to identify SEBCs.
• Unanimous Passage: Passed unanimously in Parliament, showing broad political support.

 

 

6. Relevance of 127th Amendment of Indian Constitution

Impact:

• Beneficiaries: Directly benefits approximately 1/5th of the total OBC communities.
• State Flexibility: Allows states to respond to specific regional and social needs more effectively.

 

 

7. 127th Amendment of Indian Constitution – Effect on OBCs

• Reservation Continuity: Ensures continued access to reservations for many OBC communities.
• Sub-categorization: Addresses the need for sub-categorizing OBCs to ensure equitable distribution of benefits.

 

 

8. 127th Constitutional Amendment Bill UPSC

Preparation Tips:

• Understand Key Changes: Focus on the amendments to Articles 342A, 338B, and 366.
• Contextual Understanding: Know the background and implications of the 102nd Amendment.
• Current Affairs: Stay updated on related recent developments.

 

 

9. Relevant Articles and Landmark Judgements

Articles:

• Article 342A: Empowerment of states for SEBC lists.
• Article 338B: Composition and functions of NCBC.
• Article 366 (26c): Definition of SEBCs.

Landmark Judgements:

• Indra Sawhney Case (1992): Set criteria for identifying SEBCs.
• Maratha Reservation Case (2021): Highlighted the need for state powers in SEBC identification.

 

 

10. Key Points

• Restores State Powers: States can now independently identify SEBCs.
• Clarifies 102nd Amendment: Addresses issues arising from the previous amendment.
• Broad Political Support: Unanimous passage in Parliament indicates wide acceptance.

 

 

11. MCQs for UPSC Exam Preparation

1.     Which Constitutional Amendment restored the power of states to identify SEBCs?

(a) 101st Amendment

(b) 102nd Amendment

(c) 127th Amendment

(d) 124th Amendment

 

Answer: (c) 127th Amendment

 

2.     Which Article was introduced by the 127th Constitutional Amendment to empower states?

(a) Article 338B

(b) Article 342A (Clause 3)

(c) Article 366 (26c)

(d) Article 330

 

Answer: (b) Article 342A (Clause 3)

 

3.     What was the main reason for introducing the 127th Constitutional Amendment?

(a) To abolish reservations for SEBCs

(b) To restore state powers to identify SEBCs

(c) To increase central control over SEBCs

(d) To provide financial aid to SEBCs

 

Answer: (b) To restore state powers to identify SEBCs

 

4.     Who introduced the 127th Constitutional Amendment Bill in Lok Sabha?

(a) Arun Jaitley

(b) Ravi Shankar Prasad

(c) Dr. Virendra Kumar

(d) Sushma Swaraj

 

Answer: (c) Dr. Virendra Kumar

 

5.     Which case highlighted the need for the 127th Constitutional Amendment?

(a) Kesavananda Bharati Case

(b) Indra Sawhney Case

(c) Maratha Reservation Case

(d) Golaknath Case

 

Answer: (c) Maratha Reservation Case

 

6.     What percentage of OBC communities are expected to benefit from the 127th Amendment?

(a) 10%

(b) 20%

(c) 30%

(d) 50%

 

Answer: (b) 20%

 

7.     Which President gave assent to the 127th Constitutional Amendment Bill?

(a) Pranab Mukherjee

(b) Ram Nath Kovind

(c) A. P. J. Abdul Kalam

(d) Pratibha Patil

 

Answer: (b) Ram Nath Kovind

 

8.     Which article defines socially and educationally backward classes?

(a) Article 342A

(b) Article 338B

(c) Article 366 (26c)

(d) Article 330

 

Answer: (c) Article 366 (26c)

 

9.     What powers were restored to states by the 127th Constitutional Amendment?

(a) Power to grant financial aid

(b) Power to identify SEBCs

(c) Power to conduct elections

(d) Power to levy taxes

 

Answer: (b) Power to identify SEBCs

 

10.                        What is the main significance of the 127th Constitutional Amendment?

(a) It abolishes SEBC reservations

(b) It provides constitutional status to NCBC

(c) It restores state powers to identify SEBCs

(d) It increases financial grants to states

 

Answer: (c) It restores state powers to identify SEBCs

 

 

12. FAQs on the 127th Constitutional Amendment Bill

What is the 127th Constitutional Amendment Bill, 2021?

The 127th Constitutional Amendment Bill clarifies the provisions of the 102nd Amendment and restores the power of states and union territories to identify and list the Socially and Educationally Backward Classes (SEBCs).

 

When was the 127th Constitutional Amendment Bill introduced in the Lok Sabha?

The bill was introduced on August 9, 2021.

 

What changes did the 127th Constitutional Amendment Bill bring?

It amended Articles 342A, 338B, and 366 to restore state powers to identify SEBCs and maintain their lists.

 

Who introduced the 127th Amendment of the Indian Constitution in Parliament?

Dr. Virendra Kumar, Minister of Social Justice and Empowerment, introduced the bill.

 

How many castes are expected to benefit from the 127th Constitutional Amendment Bill?

Around 671 castes are expected to benefit.

This structured format provides a comprehensive overview of the 127th Constitutional Amendment Bill, detailing its history, changes, significance, and impact, along with relevant constitutional provisions and landmark judgments. It also includes key points and MCQs to aid UPSC exam preparation.