For decades, State governments in India have recognised socially and educationally backward classes, providing them with reservations in education and public employment. For example, Shahuji, a Maratha king provided reservations for Dalits and backward classes in July 1902. Tamil Nadu had provided reservations as early as 1947. In 1992, the Union government introduced its own separate scheme for SEBCs recognised in a Central List, acting on the basis of the
Mandal Commission. The Supreme Court held that both the Union and the State governments had the power to recognise SEBCs and provide them with reservations in its landmark 1992 decision,
Indra Sawhney & Others v. Union of India. This could be done through separate State Lists and a Central List, which would apply for the benefits under the State or Union government respectively. In the same decision, the Court also held that before recognising a community as an SEBC and providing any affirmative action, the government must conduct an exercise to evaluate whether they are backward. This was to be done through Backward Classes Commissions both at the State and National level. In 1993, Parliament set up the
National Commission for Backward Classes (NCBC) as a statutory authority for this purpose. Since then State governments have also had their own Backward Classes Commissions in order to evaluate backwardness and affirmative action policies. Since 1992, the demand for greater protections for backward classes grew. In 2018, Parliament passed the
102nd Constitutional Amendment Act. The Amendment made the NCBC a constitutional authority, which had to be consulted on any policy matters regarding SEBCs, including recognition of communities. It also introduced an Article that gave the power to recognise SEBCs to the President of India who would notify a Central List of SEBCs. This List could only be amended by the Parliament. This procedure was similar to the ones in place for recognising Scheduled Castes and Scheduled Tribes. When the Act was being considered by Parliament, members of the Opposition raised concerns about whether this meant that State Lists of SEBCs would no longer be valid. The Minister of Social Justice and Empowerment clarified that this was not the intention. The Amendment would only change how the Union recognised SEBCs and State Lists would continue. Most political parties almost unanimously wanted to retain State powers. The Amendment was passed following this clarification. The judgment surprised the political community. Multiple state and national parties wanted States' powers to be restored. The Union government immediately asked the Court to review its decision, as this might result in many communities losing their SEBC status. However, on June 28, the Court passed an order dismissing the review petition. Following this, the Union government introduced the 127th Constitutional Amendment Bill in August, which would later become the 105th Constitutional Amendment Act. == Legislative History ==