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Recently you are hearing about OBC bill in the news, this bill is about giving the right to make OBC list to the state government. Which has been passed in Lok Sabha today i.e. on 10th August. Most of the states will get the benefit of this. In fact, till the year 2018, the OBC list was prepared by both the central and state government on OBC reservation, but due to the controversy in 2018 and due to pressure from the opposition parties, this matter went to the Supreme Court. On 5 May 2021, the Supreme Court gave its verdict on this issue. But the central government did not agree with this decision of the court. That is why they have made a new OBC bill. What is this bill and what changes will come from it, you will get complete information in this article.
OBC Bill 2021
|Name||OBC Reservation Bill|
|bill passed||by central cabinet|
|bill pass house||Lok Sabha|
|bill pass date||4 August 2021|
|Benefit||State government will get full right to make OBC list|
What is OBC Bill
Last month, the Supreme Court had given its decision on the preparation of the OBC reservation list, keeping in mind the 102nd amendment. Therefore, in this bill, first of all, the matter of amending the 102nd Act of the Constitution has been clarified. In this it has been said that as soon as the bill is passed, the state government will get the right to do OBC group listing once again. That is, this bill is an amendment to the 102nd Constitution, which will give the state government the right to prepare the OBC list. It can be called the 127th Constitutional Amendment.
Since 1993, both the central government and the state government together used to prepare the OBC list, but due to the amendment in the constitution in 2018, this work was not being done properly. That is why the central government has passed this bill to implement the old system once again, so that the changes in the constitution in 2018 can be corrected once again. The only reason the government has to say behind passing this bill is that after this the old system will be implemented once again. There will also be changes in Articles 342A and 338B and 366 under this bill.
Why OBC Bill is being brought
The only reason for the government to bring this bill so quickly and with such seriousness is that they can improve the judgment delivered by the Supreme Court. In fact, on May 5, 2021, the Supreme Court had passed an order regarding the listing and reservation of OBCs. Under which now the states will not have the right to give reservation in jobs and admission to those people who are socially and educationally backward. To substantiate its point, the Supreme Court had also put a stay on giving reservation to Marathas in Maharashtra by including them in OBCs. The step taken by this Supreme Court had an impact not only on the state government but also on the central government, because neither the state government nor the central government agreed with this order passed by the Supreme Court! This order of the Supreme Court was issued keeping in mind the 102nd Constitutional Amendment and Article 342A. The powers and responsibilities of the National Commission for Backward Classes under both these laws have been spelled out in the 102nd Constitutional Amendment. Not only this, Article 342A also gives the right to Parliament to make a list of backward castes, that is, to make a list of OBCs.
Since this order has been passed by the Supreme Court according to it, the central government has no hand in it, but the opposition party is still considering the central government as the accused and accusing them of spoiling the system. Therefore, this is also believed to be one of the reasons that the central government is passing this bill to erase the allegation.
Benefits of OBC Bill
By passing this bill, the maximum benefit or u say that the state government will get the benefits. The passing of this bill will have the following advantages –
- The state government will be able to freely put people in the OBC quota on the basis of different castes according to their state.
- With the passage of this bill, the old law will be implemented once again, under which both the state government and the central government will get the right to make the OBC list.
- After this bill, Marathas in Maharashtra, Jats in Haryana, Patels in Gujarat, Gujjars in Rajasthan, Lingayats in Karnataka etc. will be able to get OBC reservation.
- After the passage of this bill, the Supreme Court will not be able to interfere in any way on the reservation.
- Since passing this bill will benefit both the state government and the central government, so the opposition parties are also supporting this bill.
Disadvantages of OBC Bill (Side Effects)
Although no exaggeration is being shown after the issuance of this bill, but some opposition parties and the Supreme Court may have trouble with it. Because the state government is benefiting from this bill, so they are not giving any opinion about it.
Supreme Court’s decision on passing the OBC Bill
The Supreme Court has yet to make a decision on the bill’s passing. The Supreme Court, in its final decision on 5 May 2021, rejected the petition of the Center and then gave it to the Parliament after choosing the right to make the OBC list from the state government.
Current Status of OBC Bill
Expressing its disapproval of the decision pronounced by the Supreme Court, on 4 August, the Union Cabinet made a Constitution Amendment Bill, which was introduced in the Lok Sabha on 9 August. And it has been passed in the Lok Sabha with a majority on August 10. Soon it will be made a law by getting it passed by the Rajya Sabha and the President.
Therefore, in this way, under this bill, the central government is giving back the power to the states and union territories to make their own OBC list, which they had before the change in the constitution in 2018.
Ans: To empower the state governments to prepare the OBC list of their state.
Ans: With the passing of this bill, the Constitution 102nd Act has been amended.
Ans: The central government has passed this bill.
Ans: With the passage of this bill, amendments will be made on Articles 342A, 338B and 366 of the Constitution.
Ans: about 39%