Lawstreet Journal

Supreme Court to hear pleas challenging the ordinance promulgated by Maharashtra Government

Lawstreet Journal 6 Dec 2021 10:37pm

Image courtesy: Lawstreet Journal Judiciary Supreme Court to hear pleas challenging the ordinance promulgated by Maharashtra Government

Supreme Court to hear pleas challenging the ordinance promulgated by Maharashtra Government that provide for blanket 27% reservation to the category of backward classes in the local body elections

Sr Adv Vikas Singh for petitioner refers to Krishna Murthy's judgement and Vikas Gawli's judgement.

They have brought the ordinance by inserting SHALL be without following the triple test.

Singh: Why was this done is because of the Constitution Bench judgement. When Art 243 was set up in challenge, the CB had said that it is merely an enabling provision.

Bench: Mr Singh going back to our judgement of Maharashtra they can do so, provided there is a commission

Singh: Yes but based on the data. Please see the conclusion of the CB.

Bench: now the ordinance has been issued without doing all this?

Singh: yes SHALL be has been introduced

Singh again refers to the Constitution Bench judgement.

Singh: Please see the ordinance that has been challenged.

Bench: What is that notice related to the commission? Has the Commission given a data?

Singh: Only centre will give them raw data with % OBC but they will not have the data related to backwardness of political participation.

I'll give you an example of Yadav's in Bihar.

Singh: What they do is, in the ordinance, they again insert shall be but the only thing that they do is subject to 50% which was not there earlier.

Singh: 3 things were said: 
1. Empirical Backwardness 
2. comparison and 3. 50%

Reservation will have to go.

Singh: If election goes through, it will have snowballing effect. 
Elections have been notified to 2100 seats.

Bench… Continue Reading...


Tagged: Maharashtra Government  
Disclaimer: SoOLEGAL in Media collaboration with Lawstreet Journal. SoOLEGAL take no responsbility for the content provided by Lawstreet Journal. For any discrepancies Contact Lawstreet Journal.
Did you find this write up useful? YES 0 NO 0
Featured Members view all

New Members view all

×

C2RMTo Know More

Something Awesome Is In The Work

0

DAYS

0

HOURS

0

MINUTES

0

SECONDS

Sign-up and we will notify you of our launch.
We’ll also give some discount for your effort :)

* We won’t use your email for spam, just to notify you of our launch.