Interpretations which impede a just social order
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Updated:
May 20, 2021 00:50 IST
The Maratha reservation case also shows that divesting States of the power to determine backwardness hits federalism
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The Maratha reservation case also shows that divesting States of the power to determine backwardness hits federalism
On May 5, the Supreme Court of India declared as unconstitutional a Maharashtra law which provided for reservation to the Maratha community in education and public employment in the State. Four judges of the five-judge Bench wrote separate opinions, from which three primary findings emanated.
First, the Court held that the Maratha community did not constitute a socially and educationally backward class. Second, the judges discovered that the law was in breach of a rule previously set by the Court disallowing reservations made in excess of 50% of the total available positions. Third and on this finding, two judges on the Bench dissente
NEW DELHI: As the Modi government moved the Supreme Court for a stay on its judgment denuding the states of their powers to identify OBCs, several leaders and opposition members demanded that the Centre initiate the process to amend the contentious 102nd constitutional amendment, arguing that the history of review petitions in the apex court do not inspire optimism.
The opposition and champions of OBC rights are upset with the BJP government for ignoring their objections in Parliament during the debate on the 102nd constitutional amendment which granted constitutional status to the National Commission for Backward Classes (NCBC) and rewrote the process of decision-making on issues relating to the backward classes.
Centre moves SC for review of verdict denuding states of power to declare SEBC
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Last Updated: May 14, 2021, 02:23 PM IST
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The Centre has maintained that the amendment did not take away the power of the state governments to identify and declare SEBC and the two provisions which were inserted did not violated the federal structure.
PTI
The Centre has moved the Supreme Court seeking review of the May 5 majority verdict which held that 102nd Constitution amendment took away the power of state governments to declare Socially and Educationally Backward Classes (SEBC) for grant of quota in jobs and admissions.
Centre Seeks Review Of Supreme Court Judgement On Backward Classes List The centre s request comes days after the Supreme Court ruled that only the President has the power to identify and add a community to the SEBC list
Updated: May 13, 2021 9:50 pm IST
The centre has filed a petition in the Supreme Court over power to add communities to SEBC list
New Delhi:
The power that lies only with the President to add a community to the Socially and Educationally Backward Classes (SEBC) list should be given to states, the centre has said in a petition to the Supreme Court.
The centre s request comes days after the Supreme Court ruled that only the President has the power to identify and add a community to the SEBC list.
The President’s inclusion of classes and communities in the Central List for SEBC “shall be deemed to include SEBCs in relation to each State and Union Territory”.