OBC Bill: Key things to know about the bill that seeks to undo SC's quota order

What is OBC Bill?
The Constitution (127th Amendment) Bill, 2021, which was unanimously passed by both the Houses, seeks to restore the states' power to make their own OBC lists. The bill seeks to reverse a recent SC verdict and give back power to states and UTs to notify their respective lists.

There is a need to amend Article 342A and make consequential amendments in articles 338B and 366 in order to preserve India's federal structure, the govt said.

Objective of the bill
The objective is to "adequately clarify that the states and Union territories are empowered to prepare and maintain their own lists of SEBCs (Socially and Educationally Backward Classes".


The Bill seeks to set right a couple of ‘mistakes’ in Article 338B. This article, inserted by the Constitution (102nd Amendment) Act 2018, had set up the National Commission for Backward Classes (NCBC) as a constitutional body.

Reasons behind unanimous support
The Bill, despite being politically sensitive, has garnered support from most opposition parties including Congress as it deals with the interests of the numerically-strong, and hence electorally crucial, OBCs.

What are Article 338B, 342A and Article 366?
Article 338B covers the structure, duties and powers of the National Commission for Backward Classes.

Article 342A deals with the powers of the president to notify a particular caste as an SEBC. It also deals with the power of Parliament to change the list.

Article 366 (26C) defines SEBCs.

These articles were inserted into the statutes by the 102nd Constitution Amendment Act, 2018.

Why was the OBC issue recently in news?
A five-judge Constitution bench, on May 5, had unanimously set aside a Maharashtra law granting quota to Marathas. The bench had refused to refer the 1992 Mandal verdict — which put a 50% limit on quotas — to a bigger bench.

The Centre had held that the 102nd amendment took away states' power to notify SEBCs.

What now?
States and Union Territories will now be able to make their own lists of socially and educationally backward classes. This they will be able to do without consulting NCBC.

Any electorally significant group can now become an OBC.

Some experts say the Bill has the potential to cause socio-political turmoil as a large number of sub-castes are now likely to push for quotas.