102 Amendment of Indian Constitution – Article 342A, 102 CAA

What is 102 Amendment of Indian Constitution?

The 102nd Amendment Act acquired presidential approval and came into existence in August 2018. The amendment included Articles 338B and 342A into the Indian Constitution and brought about modifications in Article 366.

102 Amendment of Indian Constitution

Article 338B deals with the powers, system, and duties of the NCBC, which stands for National Commission for Backward Classes. Article 342A grants power to the President of India to announce any particular caste as a Socially and Educationally Backward Class (SEBC) and the control of the Parliament to change the list.

Historical Context and Chronology of 102 Amendment of Indian Constitution

Initially, two Backward Class Commissions got established in the 1950s and 1970s; however, the Supreme Court ordered the government to establish a permanent commission in 1992 to explore and recommend the inclusion and exclusion of backward classes for reservation.

• In 1993, the government established the National Commission for Backward Classes for the socially and educationally backward classes.
• Till 2016, it was reconstituted 7 times. However, the constitutional status of this commission was granted by the 102 Constitutional Amendment Act in 2018.

Effects of 102 Amendment of Indian Constitution

The 102nd Amendment of the Indian Constitution has brought about several significant effects, impacting the governance structure and the functioning of local self-government bodies in the country. Here are some key effects of the 102nd Amendment:

Changes in Article 366 of the Indian Constitution

Through the changes in Article 366, the National Commission for Backward Class (NCBC), which was set up in 1993, got a constitutional status. After that, the NCBC acquired all the powers given to the National Commission for Scheduled Castes and the National Commission for Scheduled Tribes and had the authority to redress the grievances of the backward classes.

Insertion of Article 338B into the Indian Constitution

Article 338B, inserted by the 102 Amendment of Indian Constitution, delineates the structure and powers of the NCBC.

• As per the article, the Commission consists of Chairperson, Vice-chairperson, and three other members the President appoints.
• The duties of the NCBC comprise monitoring matters concerning the safeguards provided to the socially and educationally backward classes, enquiring into complaints regarding the violation of their rights, recommending measures to implement safeguards and welfare measures, etc.
• NCBC also presents the annual report to the President. The article empowers the Commission to act as a civil court while investigating the complaints regarding the deprivation of rights of the socially and educationally backward classes.

Insertion of Article 342A into the Indian Constitution

• 102 Amendment of Indian Constitution incorporated article 342A, which empowers the President of India to define the socially and educationally backward classes regarding a state or union territory.
• Also, it makes parliamentary approval obligatory when adding or removing any community from the list of backward classes.

Duties of the 102 Amendment of Indian Constitution

The important responsibility of the Commission is listed below. The 102 Constitutional Amendment Act gave the National Commission of Backward Classes a constitutional position.

• Monitoring protection for educationally and socially deprived groups.
• Delivering socio-economic development service.
• The centre and the states must consult the Commission on all policy decisions regarding SEBCs.
• 102 Amendment of Indian Constitution informs on the usefulness of securities to the President annually or when the Commission finds it necessary. Each Parliament house is required to present such reports by the President.
• A report duplicate has to be forwarded to the State Government if concerned.
• NCBC is instructed to perform duties related to welfare, development, security, and advancing backward groups as directed by the President.

102 Amendment of Indian Constitution – The Judicial View

While clarifying the 102 Constitutional Amendment Act, the Supreme Court ruled that the power of the states identify socially and educationally backward classes (SEBC) under their territory stays nullified.

• Only the President can add a particular caste to the list of backward classes. After that, if any modification or exclusion from the initial list is required, then the parliament has the authority to do that.
• Thus, the President has the first authority, and next comes the parliament. The states, however, can still recommend to NCBC or the President to add or delete any caste in the list of backward classes.
• Initially, the 102 Amendment of Indian Constitution met with resistance and was depicted to be against the fundamentals of a democratic state.
• Nevertheless, after the necessary modifications by the parliament, the act was passed to attain the welfare state as outlined by the Constitution.

102 Constitutional Amendment Act UPSC

The 102 Amendment of Indian Constitution finds its relevance in the UPSC Polity Syllabus. This amendment, which came into effect in 2018, introduced crucial changes that directly impacted the distribution of powers between the Union and the States in India. Aspirants, during their UPSC exam preparation, must comprehend the intricacies of this amendment as it pertains to the polity syllabus.

102 Amendment of Indian Constitution Questions

Question: The 102nd Amendment of the Indian Constitution pertains to which of the following areas? a) Education b) Land acquisition c) Reservation d) Financial autonomy of states

Answer: b) Land acquisition

Question: The 102nd Amendment Act added a new clause to which article of the Indian Constitution? a) Article 19 b) Article 31A c) Article 368 d) Article 371A

Answer: b) Article 31A

Question: The 102nd Amendment Act allows the government to acquire land for which purpose? a) Infrastructure development b) Defense projects c) Social welfare schemes d) All of the above

Answer: d) All of the above

UPSC Notes
Amrut Scheme	Sarvodaya Movement
National Symbols of India	Dutch Colonies in India
Social Movements in India	DRDO
Bardoli Satyagraha	Later Vedic Period
Citizenship Amendment Act	Digital Education
Non-Proliferation Treaty	Delimitation Commission