One Hundred and Second Amendment of the Constitution of India
{{Use dmy dates|date=June 2019}}
{{Use Indian English|date=January 2019}}
{{Infobox legislation
|short_title = The Constitution (One Hundred and Second Amendment) Act, 2018
|legislature = Parliament of India
|imagesize = 150
|imagealt =
|caption =
|long_title = An Act further to amend the Constitution of India.
|citation = [http://socialjustice.nic.in/writereaddata/UploadFile/Constitution_102_Amendment636707193978883893.pdf Act No. ? of 2018]
|territorial_extent = India
|enacted_by = Lok Sabha
|date_passed = 2 August 2018
|enacted_by2 = Rajya Sabha
|date_passed2 = 8 August 2018
|date_assented = 11 August 2018
|date_commenced =
|date_repealed =
|administered_by =
|bill = The Constitution (One Hundred and Twenty-third Amendment) Bill, 2017
|bill_citation = [http://www.prsindia.org/sites/default/files/bill_files/Constitution%20%28123rd%20Amendment%29%20Bill%2C%202017_0.pdf Bill No. 71 of 2017]
|bill_date = 5 April 2017
|introduced_by = Thawar Chand Gehlot
|1st_reading =
|2nd_reading =
|3rd_reading =
|conf_committee_passed =
|committee_report =
|bill2 = The Constitution (One Hundred and Twenty-third Amendment) Bill, 2017
|bill_citation2 =
|bill_date2 = 11 April 2017
|introduced_by2 = Thawar Chand Gehlot
|1st_reading2 =
|2nd_reading2 =
|3rd_reading2 =
|conf_committee_passed2 = 31 July 2017
|committee_report2 = [http://www.prsindia.org/sites/default/files/bill_files/Select%20Comm%20-%20123rd%20%28A%29%20bill%2C%202017.pdf Report of the Select Committee]
|date_conf_committee = 19 July 2017
|amended_by =
|repeals =
|related_legislation = [http://egazette.nic.in/WriteReadData/2018/188544.pdf National Commission for Backward Classes (Repeal) Act, 2018]
|summary =
|keywords =
|status = in force
|amends=
}}
{{Indian Constitution TOC}}
The One Hundred and Second Amendment of the Constitution of India, officially known as the Constitution (One Hundred and Second Amendment) Act, 2018, granted constitutional status to the National Commission for Backward Classes (NCBC).
Legislative history
The bill of the Constitution (One Hundred and Second Amendment) Act, 2018 was introduced in the Lok Sabha on 5 April 2017 as the Constitution (One Hundred and Twenty-third Amendment) Bill, 2017. It was introduced by Thawar Chand Gehlot, Minister of Social Justice and Empowerment.
The bill was passed by the Lok Sabha on 10 April 2017.{{cite web |title=NCBC Bill passed by Parliament |url=https://www.thestatesman.com/india/ncbc-bill-passed-parliament-1502670168.html |website=The Statesman |access-date=21 January 2019 |date=7 August 2018}} The bill was introduced in the Rajya Sabha the following day. The House adopted a motion to refer the Bill to a Standing Committee composed of 25 members and chaired by Bhupender Yadav. The Select Committee tabled its report before the Rajya Sabha on 19 July 2017.{{cite web |title=Report of the Select Committee on The Constitution (One Hundred and Twenty-third Amendment) Bill, 2017|url=http://www.prsindia.org/sites/default/files/bill_files/Select%20Comm%20-%20123rd%20%28A%29%20bill%2C%202017.pdf |website=PRS Legislative |access-date=21 January 2019}}
The Rajya Sabha passed the Bill on 31 July 2017, after making one amendment. The Bill was transmitted back to the Lok Sabha for concurrence. However, the House did not adopt the amendment made by the Rajya Sabha and instead adopted alternate amendments to the Bill and passed it on 2 August 2018. The Bill, as passed by the Lok Sabha, was passed unanimously by the Rajya Sabha on 8 August 2018 receiving 156 ayes from all members present and voting.{{cite web |title=Parliament passes bill on OBC panel's constitutional status |url=https://www.business-standard.com/article/news-ians/parliament-passes-bill-on-obc-panel-s-constitutional-status-118080601032_1.html |website=Business Standard India |access-date=21 January 2019 |date=6 August 2018}}
The Bill received assent from President Ram Nath Kovind on 11 August 2018. It was notified in The Gazette of India on the same date.{{cite web |title=President gives assent to 123rd Constitution amendment bill granting constitutional status to OBC Commission |url=http://www.newsonair.com/Main-News-Details.aspx?id=351363 |website=All India Radio |access-date=21 January 2019}}
= Judicial pronouncements =
On May 5, 2021, in the hearing of Maharashtra State Reservation for Socially and Educationally Backward Classes (SEBC) Act, 2018 which extends reservation to the Maratha community in public education and employment the Supreme Court of India upheld this constitutional amendment.{{Cite web|last=Roy|first=Debayan|title=[BREAKING] Supreme Court strikes down Maratha Reservation law for exceeding 50 percent cap; upholds Indra Sawhney, 102nd Constitutional Amendment|url=https://www.barandbench.com/news/litigation/supreme-court-strikes-down-maratha-reservation-law-upholds-50-percent-cap-indra-sawhney|access-date=2021-08-13|website=Bar and Bench - Indian Legal news|language=en}}