State OBC list bill gets parliament okay

The Rajya Sabha unanimously passed the Constitution (127th Amendment) Bill, 2021, that restores states with the right to prepare their own list of Other Backward Classes (OBCs) taken away by a May Supreme Court judgement, with all 187 members present voting in favour.

In a four-hour long debate that saw the participation of senior members of various parties, several members tried to underscore efforts made by their parties over the years for the welfare of OBCs. Though the discussion was held peacefully, political parties used the occasion to woo voters and accuse opponents of dilly-dallying on conferring rights to OBCs.

Social justice and empowerment minister Virendra Kumar moved the bill, brought as supplementary business, for consideration and passage. It was cleared by the Lok Sabha on Tuesday. The minister said that the government moved quickly to file a review petition against the SC judgement.


Education minister Dharmendra Pradhan said the opposition should not raise doubts about the intent of the government on ensuring rights of OBCs. The Supreme Court had taken a narrow view of the issue. The Narendra Modi government does not believe in knee-jerk reactions and has taken several well-thought measures, he said. He sought to know why previous governments had not made provision for reservation in central schools and faculty appointments in IITs, which had to been done by his government. “We believe in sabka saath, sabka vikas, sabka vishwas. We have inherited some legacy issues,” Pradhan said. On the demand for a caste census, he maintained it is an “evolutionary process”.

Initiating the discussion, Congress member Abhishek Manu Singhvi said the government has been slow in moving the bill. Several members blamed the SC verdict. They also mentioned the Indira Sawhney judgement in their speech. Opposition also urged the government to increase the 50% ceiling on reservation if OBC reservations were to do full justice to OBCs. The opposition also demanded a caste census and reservation in the private sector.

Labour minister Bhupendra Yadav said the Congress did not act on the Mandal Commission report for nine years despite being in power. Pradhan and Bhupendra Yadav vehemently denied SP leader Ram Gopal Yadav’s apprehension that the UP government may remove Yadavs, Gujjars and Kurmis from the OBC list. Leader of the opposition Mallikarjun Kharge demanded that the government remove the 50% cap on reservation and prepare for reservation in the private sector as the public sector is being “finished off”. Sanjay Raut (Shiv Sena) and Vandana Chavan (NCP) mentioned the Maratha reservation agitation for inclusion in the OBC list, the state government’s decision to implement it and the SC quashing it.