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OBC Act 2021 Explained, 105th Constitutional Amendment Act | Reservation System - YouTube
Channel: Finology Legal
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Reservations in India are going on from Britishers time
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which means from the pre-independence period.
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And it is primarily
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given to three groups.
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Scheduled Caste, Scheduled Tribe
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and other backward classes,
which we also call OBC.
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In India
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the reservation for SC's are
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15%
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for ST's 7.5%
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and for OBC's 27%.
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During the post-independence period
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the Indian Constitution by supporting the reservations
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has introduced some interesting articles.
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Like Article 15, 16, and 334.
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Article 15 and 16
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talks about General Reservations.
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There Article 334
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SC's and ST's
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talks about the reservation in Indian Parliament
and State Legislature.
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That means, for these two communities
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at the Parliament and State Legislature
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the reservation was done for 70 years.
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And this 70 years period
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was expired in 2020.
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After that the Parliament
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brought the 104th Amendment Act
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and extended this period for 10 more years.
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That means till 2030.
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After that, whatever party's government
stayed in our country.
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They
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to provide reservation time by time
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had brought some or other provisions.
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Some of them were
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the formation of the Mandal Commission.
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Which talked about giving 27% reservations to the OBCs.
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After this, we saw that
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the ST, SC, and OBC's were
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getting reservation in Educational institutes.
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Also with that, recently we saw
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that, an additional 10% Kota is being given
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to the Economically weaker section.
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That means
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to the people who are economically weak.
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And with that, we have
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also seen the 16% Maratha Reservation
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which the Maharashtra Government provided.
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But in 2021, it was dismissed by the Supreme Court.
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So here is a question for you
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and I definitely want you to answer it
in the comment section.
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So the question is
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to the Scheduled Caste and Scheduled Tribes
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in which year they were given reservations
in Educational institutes
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and through which amendment?
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So hello everyone! I am Vishwavardhan
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and I am Kakoli
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And you are watching Finology Legal.
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So in today's video
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we are going to discuss somethings about
the 105th Amendment Act.
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And also the questions related to it.
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So let's come to our first question.
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Which is
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What are the objectives of this 105th Amendment Act?
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So for your information, first I tell you that
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in 2018
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our Parliament passed the 102nd Amendment Act.
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Now under this, the Central Government
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and the Parliament
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they get the power
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that they, to the socially and educationally
backward classes
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which means
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they can prepare a list of OBCs and can
provide reservations to them.
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Now the problem which happened here was
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that
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some people, who were on the State Governments list
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but
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they were not in the Central Governments list.
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Because of it, they were not getting
the benefit of Reservation.
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So, for this
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the 105th Amendement is passed.
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This also gives State Government the power
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that, they can prepare a list of OBC's
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and also provide them with Reservation.
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So the next question is
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What is the difference between Amendment Bill
and Amendment act?
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So see, whenever there is a change
to be made in any law
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for this reason, an amendment is made to that law.
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Which is a Proposal
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and we call it an Amendment Bill.
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Now a Bill gets presented in both of the
Parliament Houses.
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That means, Lok Sabha
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and Rajya Sabha
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by a Member of Parliament.
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Now when this Bill gets passed in both of the Houses.
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And then it goes to
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the President, for their approval.
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And after getting the approval
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an Amendment Bill becomes an Amendment act.
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That means, it becomes a law of this country.
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Now let's take a look at some
important changes time-line
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which were done to provide Reservation.
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So, the first event in this time-line was
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of 1950.
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Yes, this was the year, when we
adopted our constitution
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and also under this constitution
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Reservations were also provided to the STs / SCs.
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After this, the major change which happened
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in the next year, which was in 1951.
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When the first amendment came and
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in the educational institutions
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Reservations was given to SC's and ST's.
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And the case through which it happened
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was the State of Madras vs Champakam Dorairajan case.
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After this, let us come to 1963
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where in the M. R. Balaji vs State Of Mysore case
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the Supreme Court said that
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Reservation could not exceed more than 50%.
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After this, we come to 1978
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where a very important commission
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the Mandal Commission was setup.
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Which proposed that
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the OBC's should get a Reservation of 27%.
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After that, we come to 1992
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where a very important Landmark Judgment
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of Indra Sawhney happened.
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There the Supreme Court said
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that the OBC's should get a 27% Reservation.
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And with this, there
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the concept of the Creamy layer was also discussed.
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After this, we come to 2006
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where the 93rd Amendment of our Constitution happened.
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And there
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OBC's and SC/ST's were
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given Reservation in admission to
educational institution.
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And after this, we come to 2018
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when
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the 102nd Amendment of our Constitution happened.
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So
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now let's try to understand that
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what was the 102nd Amendment?
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In our Indian Constitution
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OBC's are call as Socially and Educationally
backward class.
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This OBC's
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Reservation in India
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is of 27%.
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And if I take this 27%
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and combine it with the Reservations of SC/ST's
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then it becomes 49.5% Reservation
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in the case of Direct Recruitment鈥檚.
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And other than the case of Direct Recruitment鈥檚
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it will become 50%.
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So
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this 27.5% of Reservation demand
which was made
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just where did it come from?
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When the Mandal Commission, in 1980
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demanded this 27% Reservation
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which was implemented till 1992.
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And this 50% ceiling, which we are talking about
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where did this 50% cap came from?
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This was passed by Indra Sawhney's Judgment.
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That the SC, ST, and OBC's Reservations combined
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should not cross the 50% ceiling.
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Now let's come to
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the 102nd Amendment.
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So, what is this 102nd Amendment?
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The 102nd Amendment was brought in 2018.
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And this amendment has
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took the power from the State Government
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so they could not recognize that
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what class or community should be put on the OBC list.
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Which means, this power was given to
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the President and Central Government.
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Now the President will identify
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that what class or community
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should be put in the OBC list.
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And from this OBC list
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which class will be removed
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and which will get added.
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This power was given to our Parliament
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meaning to the Central Government.
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But wait!
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This was not the only change
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which this amendment has brought.
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Other than this
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there is one more change, which
this amendment has brought.
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National Commission For Backward Class,
which we also call NCBC
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was given Constitutional Status in this amendment.
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Actually, the NCBC in 1993
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was setup by the NCBC Act.
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This amendment said by giving it
the Constitutional Status
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that, now this Commission will be called
a Constitutional Body
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and we must think that
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this Commission was built under
the Indian Constitution.
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Now the question comes
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that these two changes, which are brought
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through what article are they being brought?
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So, let's come to those Articles
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which this 102th Amendment has inserted.
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The first article is
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Article 338B.
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And the second article is Article 342A.
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So Article 338B
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this article talks about NCBC.
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Meaning what are the Structure, Duties,
and Powers of NCBC.
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And this amendment has, by inserting this article
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has given National Commission For Backward Class
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the Constitutional Status.
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And this commission mainly
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for the SEBC, meaning Socially and Economically
Backward Classes
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they fight for their rights.
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Now, the second article which was brought
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which is Article 342A.
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This article talks about
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the Presidents and Central Governments powers.
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Like they are the ones now,
who will identify that
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in the OBC list
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which class or community should be added.
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Now this OBC act, which has been passed
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meaning it got the President's assent.
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That OBC act will be amending these two articles.
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But, along with these two articles
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there is a 3rd article, which will be amended.
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And that article is Article 366(26C) of Indian Constitution.
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Because this article
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defines the SEBC, which means Socially and
Economically Backward Classes.
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So I hope that you now know
what the 102nd Amendment is.
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So now, let's move on to our next question
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which is
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What the Maratha Reservation has
to do with this case?
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So see
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in 2019, the Maharashtra Government
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has provided the Maratha community people
with 16% Reservation.
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And just after that, in Bombay High Court
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and later was challenged in the Supreme Court.
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Because this
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violated the Supreme Court's landmark judgment
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which was of Indra Sawhney vs Union of India 1992.
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In this 1992 Judgment, the Supreme Court said that
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Reservation should never be more than 50%.
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Now let's understand the calculation here.
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Look
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combining the SC's and ST's
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a total of 22.5% Reservation is given.
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And also there
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OBC's are given 27% Reservation.
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Now, if we combine these two figures
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then it becomes 49.5% Reservation.
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And if we also include this 16% here
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then the Reservation goes to 65.5%.
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Which clearly violates Indra Sawhney's Judgment.
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Here the Supreme Court had declared
this 16% Reservation Invalid.
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And also said that
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because, as the 102nd Amendment
is passed at the Parliament
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because of it, the State does not have the power
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prepare a list and provide the OBC with Reservations.
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Now this 105th Amendment, which has come
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by using it, the Central Government
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can bypass this Supreme Courts Judgment
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and wants to give State government the power
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that they can prepare the OBC's list
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and provide Reservations.
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In India
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which community or class should be given
what percent of Reservation
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how does the Government know this?
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With the help of Census.
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So Census is that
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by its help, we get to know that
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what is the total population of ST/SC in India.
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How many people have migrated to India
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and how many people went out from India.
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In this country
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which language is spoken the most, etc, etc.
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So do you know?
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That from 1951 to 2011
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when the last Census was conducted.
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During this
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only ST/SC's population was counted.
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Not of OBC's or any other castes.
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By which the government had
many difficulties to find out
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that what percent of population are OBC
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or from other castes under them.
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So in 1931
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was the last year, where Caste based Census
was conducted.
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Which means besides ST/SC's
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the population of OBC's was also counted.
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And in 1941
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this Caste based Census was collected
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but didn't get published.
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So, as I said to you earlier
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that the Mandal Commission in 1980
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had demanded a Reservation of 27%
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for the OBC groups.
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So at that time
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when the OBC population was not even been counted.
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Because, the last Caste based Census
was done in 1931.
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So, how did the Mandal Commission
came up with is Reservation percentage?
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How did they know about the OBC population?
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The Mandal Commission had found about this
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because they have took the 1931 Census.
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And with the help of this Census
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they guessed that, the population of OBC's in India
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was almost around 52%.
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With the help of it they
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had demanded this 27% Reservation.
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So, this Caste Based Census
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if it comes
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then this 50% ceiling from it
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which was being set in the Indra Sawhney case
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will be exceeded.
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So I hope that
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you like our today's video on OBC Act.
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And if you want more important updates like this
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then don't forget to subscribe to our channel.
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And also don't forget to press the bell icon
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Thank you, Bye Bye.
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