Govt seeks to tweak law on states’ OBC lists

Govt seeks to tweak law on states’ OBC lists

Subodh.Ghildiyal@timesgroup.com

New Delhi:

The Centre has moved a proposal to amend the 102nd constitutional amendment Act to overturn the May 5 Supreme Court judgment and restore the rights of states to identify the OBCs for the “state list” of castes eligible for Mandal reservations in education and employment under state governments.

Well placed sources said the social justice ministry has moved the Cabinet note. The swift move implies that the bill can be brought in the ongoing monsoon session itself. If so, it could be part of a strategy to break the blockade of Parliament proceedings by the opposition over the Pegasus snooping scandal.

Given the sensitivity of the issue and the rights of states involved, neither Congress nor regional parties can afford to block the bill. It may thus restore normalcy in the Parliament. However, the larger political aim of the Centre is to assure OBCs that their rights, as under state lists, were not being undermined. The move comes after Prime Minister Narendra Modi placed emphasis on the OBC representation in the recent Cabinet reshuffle along with women, SCs and STs.

It is learnt that the proposal has suggested specific changes to be made to the Act to clarify that state lists and central list of OBCs are separate and under the jurisdiction of respective governments — as had been the case before the SC judgment. The apex court also rejected a government appeal against the order earlier in July.

While upholding the said Act (102nd) in the Maratha reservation case, the SC held that its provisions implied that OBCs for states and Central lists both were to be identified by the President (Centre) on the recommendations of the national commission for backward classes.