Explained: The Constitution (One Hundred and Twenty-third Amendment) Bill,2017

New Delhi, Aug 2: Union Minister Thaawarchand Gehlot to move The Constitution (One Hundred and Twenty-third Amendment) Bill,2017 for further amendment to be made in the Bill further to amend the Constitution of India, as passed by Lok Sabha and as returned by Rajya Sabha. This Bill was passed by Lok Sabha on the 10th April 2017 and transmitted to Rajya Sabha for their concurrence. Rajya Sabha passed the Bill with an amendment at its sitting held on the 31st July 2017 and returned it to Lok Sabha on 1st August 2017.

What are the Amendments?

a. Constitution of a Commission under Article 338B for socially and educationally backward classes by name of National Commission for Backward Classes; and
b. (b) insertion of Clause (26C) under Article 366 with modified definition viz. "socially and educationally backward classes" means such backward classes as are so deemed under Article 342A for the purpose, this Constitution and

2. Introduce a Bill for:

a. Repeal of the National Commission for Backward Classes Act, 1993 along with Savings Clause for namely the National Commission for Backward Classes (Repeal) Bill, 2017; and
b. Dissolution of the National Commission for Backward Classes with effect from such date as the Central Government may appoint in this behalf and the National Commission for Backward Classes constituted under sub-section (1) of Section 3 of the said Act shall stand dissolved.

3. (a) Appropriation of the sanctioned 52 posts, along with incumbents wherever filled of the existing National Commission for Backward Classes in the proposed National Commission for Backward Classes to be constituted under Article 338B; and
(b) Retention of the office premises of the existing National Commission for Backward Classes at Trikut-1, Bhikaiji Cama Place, New Delhi-110066, by the Natinal Commission for Backward Classes to be constituted under Article 338B.

The above decisions will lead to overall welfare of socially and educationally backward classes.

The proposed Act of repeal is necessary in view of setting up of the National Commission for Backward Classes by insertion of Article 338B of the Constitution. The decision will also enable effecting continuity in the functioning of the National Commission for Backward Classes under Article 338B.