Explained: What is the Constitution (127th) Amendment Bill, 2021 passed in Lok Sabha and why did the Opposition support it?

Parliament building reflecting in a puddle after rainfall, in Delhi (File image: Reuters)

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 Pegasus Project report, farm laws and price rise.

The Opposition parties decided to cooperate with the government in passing the Bill and suspended their protest till it was passed in the Lower House.

READ: Bill to restore states' powers over OBC list to get Opposition support in Parliament

What is the Constitution (127th) Amendment Bill, 2021?

The Bill seeks to clarify “some provisions in the 102nd Constitutional amendment Bill” to restore the power of the states and union territories to to prepare their own list of socially and educationally backward classes (SEBC).

The Amendment Bill amends Articles 342 A (clauses 1 and 2) and will introduce a new clause - 342 A (3) specifically authorising states to maintain their state list. There will be a consequential amendment in Articles 366(26c) and 338B (9). The states will thus be able to directly notify SEBCs without having to refer to the National Commission for Backward Classes (NCBC).

Why is the Bill needed?

The amendment was necessitated after the Supreme Court, in its Maratha reservation ruling in May, upheld the 102nd Constitutional Amendment Act. The Apex Court said the President, based on the recommendations of the NCBC, would determine which communities would be included on the State OBC list.

Also, read: Monsoon Session of Parliament: Lok Sabha passes three Bills without discussion amid Opposition uproar

The 102nd Constitution Amendment Act of 2018 gave constitutional status to the NCBC, and empowered the President to notify the list SEBCs for any state or union territory.

The 2021 Bill, however, amends this to provide that the President may notify the list of socially and educationally backward classes only of the central government. Thus the amendment Bill bypasses the SC ruling and restores the powers of the state governments to maintain a state list of OBCs.

Why has Opposition supported it?

It was for the first time since the Monsoon session of Parliament began on July 19 that the Lok Sabha witnessed a debate in an orderly manner on August 10 as the Opposition put on hold its protests demanding a debate over the Pegasus snooping allegations while the Bill was passed. The Opposition, which has been disrupting proceedings of both the Houses for more than three weeks now, said on August 9 that it would support the 127th Constitution Amendment Bill.

The Bill has political ramifications as restoring powers of the states to identify backward classes has been a demand by many regional parties and even the ruling party’s OBC leaders. The BJP, and the Opposition parties, including the Congress, want to get support among the OBC communities in the poll-bound states, especially in the politically crucial Uttar Pradesh.

Also, read: Parliament Monsoon Session: Opposition blames Centre for deadlock, seeks debate on Pegasus in both Houses

This is precisely why the Opposition parties are on the same page with the government. The Opposition's support to pass the Bill is significant as a constitutional amendment requires a two-thirds majority of lawmakers who are present during the proceedings, with at least 50 percent in attendance.

All the 385 Lok Sabha members who were present in the House voted in favour 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 per cent ceiling on reservation.

The Bill now goes to the Rajya Sabha.