RGICS LEGISLATIVE BRIEF – The Constitution (One Hundred and Twenty Third Amendment) Bill, 2017

The Constitution (One Hundred and Twenty-Third Amendment) Bill, 2017 aims to give the National Commission for Backward Classes (NCBC) constitutional status, putting it on par with the commissions for Scheduled Castes and Scheduled Tribes. While the goal is to strengthen the Commission’s ability to address issues faced by socially and educationally backward classes (SEBCs), critics argue it undermines federalism by shifting the power to define backward classes from states to the Parliament. There’s also suspicion that this move is politically driven, designed to boost the central government’s influence over OBC-related matters.

The Bill, introduced in the Lok Sabha on April 5, 2017, is a step toward making the NCBC more powerful and effective. Right now, the NCBC is mostly an advisory body with limited authority. The amendment aims to give it teeth—allowing it to investigate complaints, make recommendations, and actively work for the welfare of SEBCs.

But here’s the catch: The Bill proposes giving the President the power to specify which groups are considered socially and educationally backward in each state, but the Governor’s input is only advisory. Essentially, the states lose their power to independently identify backward classes, a role they’ve historically held. And with Parliament now responsible for making changes to the list of backward classes, the states are even further sidelined.

Critics argue this setup could damage India’s federal structure, where states should have the autonomy to address local social realities. And with elections around the corner, many see this Bill as a political tool aimed at appealing to various OBC groups while weakening regional parties’ influence.

The Bill’s push for OBC sub-categorization to ensure fairer distribution of benefits has also been questioned. While it may address inequalities within OBCs, it risks being used as a political weapon rather than a genuine effort to promote social justice.

Keywords:  National Commission for Backward Classes (NCBC), Social Justice, OBC Reservation, Federalism, Parliamentary Authority, Backward Classes, Constitutional Status, Caste Discrimination, Political Strategy, Sub-Categorization