Lok Sabha approves bill to accord constitutional status to National Commission for Backward Classes

A bill to accord constitutional status to the National Commission for Backward Classes was approved by the Lok Sabha even as the Opposition expressed apprehensions that it would impair the power of states. The Constitution Amendment bill, which requires two-thirds majority for passage, was approved by the House with 360 members voting in favour and two against.

Terming it as "historic" bill, Social Justice and Empowerment Minister Thawar Chand Gehlot said it would promote the welfare of the OBCs. The minister assured the House that the bill, which has similar provisions as in case of SC and ST commissions, will not curtail the powers of states in any way.

The Opposition, including the Congress, the Trinamool Congress and the BJD, sought an assurance from the minister that powers of the states would not be affected by the passage of the bill.

Responding to demands for including a woman in the five-member commission, the minister said he would incorporate this suggestion while framing the rules for operationalising the legislation.

As per the statement of objects and reasons of the bill, the Commission will hear the grievances of socially and educationally backward classes, a function which has been discharged so far by the National Commission for Scheduled Castes. It also seeks to insert a new article 342A so as to provide that the President may, by public notification, specify the socially and educationally backward classes.

Trinamool member Kalyan Banerjee and BJD MP Bhartruhari Mahtab said this Constitution amendment bill would take away the powers of states to include or exclude a community under the OBC classes.

On this concern, Gehlot said: "we will not take way the powers and rights of states. I assure you that. The power of state commissions would continue. We do not want to weaken the states now or in future also".

He also said that the Centre would act on the recommendations of the Governor which will be submitted after consulting the respective state government. "We are trying to strengthen the commission and not weaken that," he said.

The House also repealed the National Commission for Backward Classes Act 1993 as the Commission will now be part of the Constitution. "We respect the rights of the states. We will not distract from the federal structure," he said.

After this law is enacted, Parliament will have powers to include or exclude any community from the list of OBCs so in that sense "we are weakening the centre", he said.

On the issue raised by Asaduddin Owaisi (AIMIM) about Muslims, the minister said that the government will not interfere in the list of the states where some Muslim communities are included in the list of OBCs. 

Trinamool Congress member Kalyan Banerjee said so far the power of enacting law in identifying the backward classes has been entrusted with the state government but this power will be compromised with the insertion of new Article 342A in the Constitution. "Nobody has a right to hit the basic structure of Constitution of India," he said, adding his party is against the Bill.

Bhartruhari Mahtab (BJD) said his party is in favour of reservation for Other Backward Caste (OBC) but against the "compromise" of the federal structure which is proposed by the Bill. "I stand in this House to oppose this Bill...It is not in the interest of federal structure," Mehtab said. 

He urged the government to reconsider the Bill and replace the word 'recommendation' with 'recommendation'. He said as per the Supreme Court constitutional bench judgement of 1992, a community, on the basis of economic backwardness, is not entitled to reservation but government can provide them support through financial means.

Backward classes are identified only on basis of social inferiority, he said, adding, it is different from untouchability, remoteness and economic backwardness. Based on remoteness, the Constitution provides reservation to Scheduled Tribe and Scheduled Caste gets reservation on basis of untouchability. However, government can provide financial support in terms of scholarship and other means to those who are economically backward.

"So Clause 4 of the Bill is misleading and will create confusion in the future," he said. Expressing anxiety, Mehtab said, recommendations are at times accepted or rejected and there are instances where some caste are included in the central list without state government recommendation.

Pradhan is a community which is in the OBC list of state but not in the central list, he cited an example. "When you are doing a good job, do it perfectly...why do you try to fiddle with this?...Is it because of agitation in Haryana, Gujarat, Andhra Pradesh, and Maharashtra," he asked.

Hukumdev Narayan Yadav (BJP) sought considering of abolishing the caste system to give a level playing field to all sections of people. He said as long as there is caste system, there will be discrimination and the country will suffer. He accused Congress of doing nothing for the backward classes.

KN Ramachandran (AIADMK) termed this as a remarkable bill and said it should be ensured that the states' right are not affected. K Rammohan Naidu (TDP), while supporting the Bill, sought clarification from the minister about the issue of consultation with the Governor on the issue of specifying the socially and educationally backward classes. He also said that the creamy layer with regard to OBC reservation should be done away with it.

BN Goud (TRS) said that the government should also consider setting up of OBC ministry and Jotiba Phule anniversary should be declared a holiday as the social reformer represented the community. Upendra Kushwaha, leader of BJP ally Rashtriya Lok Samta Party (RLSP) and Minister of State for HRD, said the cap of 27% reservation for OBCs should be raised. Minister of State for Health Anupriya Patel said it was a long-pending demand to give this commission a constitutional status. The others who participated in the debate include Ganesh Singh (BJP), Dharmendra Yadav (SP), J P Narayan Yadav (RJD), Pritam Munde (BJP).