102 Constitutional Amendment Act: All You Need You Know!

102 Constitutional Amendment Act was passed in year 2018. Constitutional Amendments are changes made to the Constitution of a country. India changes its Constitution through a process in Article 368. Amendments may resolve problems, update rules, or adapt to society.

Constitutional Amendments are important for UPSC exam as they are a essential part of Indian polity and governance. 102 Constitutional Amendment Act is one such important amendment. n this article, we will learn about 102 Constitutional Amendment Act in detail.

What is 102nd Constitutional Amendment Act?

India passed the 102nd Constitutional Amendment Act on August 11, 2018. This Act gave the National Commission for Backward Classes (NCBC) constitutional status. The Commission was established in 1993.

The key features and provisions of the 102nd Constitutional Amendment Act are given below:

• National Commission for Backward Classes (NCBC) 

• • The NCBC was created as a constitutional body by Article 338B. 
  • The NCBC investigates and monitors issues related to socially and educationally backward classes. It replaced the National Commission for Backward Classes Act, 1993.

• Powers and Functions of NCBC 

• • The amendment Act allows NCBC to look into complaints and help backward classes. 
  • They can advise governments on policies and research their conditions.

• Inclusion of Article 342A 

• • The Amendment Act added Article 342A.
  • It empowers the President to identify the backward classes in each State and Union Territory. 
  • The President can make lists of communities or groups for reservations and benefits.

• No Impact on Existing Reservations

• • The 102nd Amendment Act does not affect existing reservations for SCs, STs and other backward classes. 
  • Changes related to the NCBC and the President's power to specify backward classes will also not affect the existing provisions.

• The 102nd Constitutional Amendment Act aimed to empower socially and educationally backward classes in India. 
  • It strengthened the institutional framework for their welfare. 
  • The Amendment gave constitutional status to the NCBC. The NCBC has more authority now. 
  • Marginalised sections of society have better representation and protection.
• Two new Articles, 338B and 342A, were added to the Constitution due to the 102nd Constitutional Amendment. 
  • Article 338B explains NCBC's organisation, responsibilities, and authority. 
  • Article 342A deals with the SEBC notification power of the President of India. 
    • Parliament has the power to change the SEBC list. 
• The Amendment changes Article 366 as well.

102nd Constitutional Amendment Act: Latest Update 

The Supreme Court has accepted the 102nd Constitutional Amendment. The Amendment grants constitutional status to the National Commission for Backward Classes (NCBC).

In 2018, an amendment was passed. A group of lawyers challenged it in the Supreme Court. They argued that it was unconstitutional. The Supreme Court upheld the Amendment. It was necessary to ensure NCBC had the necessary powers. Indian Constitution cannot be amended by a simple majority. The Constitution can only be amended by a special majority. A bill to amend the Constitution must be passed by a two-thirds majority in each House of Parliament. The bill must also be approved by at least half of the states.

What is Article 338B?

Article 338B was added to Indian Constitution through Amendment Act in 2018. NCBC is a constitutional body. Article 338B established it. Some of the important points related to Article 338B are given in table below:

What is Article 342A?

Article 342A was added to Indian Constitution in 2018. Article 342A gives power to the President of India. The power is to specify socially and educationally backward classes in each State and Union Territory.

Some of the key points related to Article 342A are given below:

President's Power to Specify Backward Classes

• Article 342A gives the President power to identify backward classes in each State and Union Territory. 
• The President can notify a community as socially and educationally backward.

Backward Classes Lists

• The President can create lists of backward classes for each State and Union Territory. 
• Lists help determine eligibility for government benefits.
• Benefits include reservations and affirmative action.

Parliament's Role 

• The Amendment Act involves Parliament. 
• President may consult with the Governor or administrator before notifying backward classes.

Criteria for Determining Backwardness 

• Article 342A doesn't mention criteria for determining socially and educationally backward classes. 
• The Act doesn't define backwardness parameters. 
• The President decides on criteria based on available information and recommendations.

Conclusion

In 2018, the Constitution of India was amended due to the 102nd Amendment Act. The NCBC now has constitutional status and can investigate and track issues related to backward classes. The Amendment allows the President to identify backward classes in each State and Union Territory.

The 102nd Amendment Act assisted in enhancing the regulations to support backward classes in India. The Amendment granted specific powers to NCBC. The powers were granted to represent and protect socially and educationally backward classes.

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