Lawstreet Journal

Central Government files review petition against the judgment of the Supreme Court, abrogating the powers of State Government to identify and notify SEBCs.

Lawstreet Journal 17 May 2021 8:05pm

Image courtesy: Lawstreet Journal Executive Central Government files review petition against the judgment of the Supreme Court, abrogating the powers of State Government to identify and notify SEBCs.

A constitutional bench of the Supreme Court comprising Justices L Nageswara Rao, Hemant Gupta and S Ravindra Bhat, Ashok Bhushan and S Abdul Nazeer, on May 5th, 2021 while dealing with the constitutionality of the Maratha Quota ha by 3:2 majority held that after the 102nd Constitutional Amendment, only the President has the power to notify Socially and Economically Backward Classes and the State Government can simply make recommendations. However, the minority held that the effect of the amendment was only related to the power of the Centre to identify SEBCs for the central list.

The Union Government in this case took held the stance expressed through Attorney General KK Venugopal that the amendment will not affect the power of the states and that the Parliamentary Committee and the union minister who introduced the amendment bill had unequivocally said that the amendment will not have any impact on the powers of the State to identify SEBCs.

The amendment in question, 102ndConstitutional Amendment Act of 2018 introduced Article 338B and Article 342A, providing for National Commission for Backward Classes and specification and identification of the socially and educationally backward class by public notification in the states by the President after consultation with the Governor, which shall for the purpose of the Constitution be deemed to be socially and educationally backward classes in relation to the State or Union territory.

Justice Ravindra Bhat, who wrote the leading judgment for himself and Hemant Gupta,  interpreted 102ndAmendment and observed that, by the introduction of Article 366 (26C) and… Continue Reading...


Tagged: Maratha Reservation Law  
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