The Hon’ble Supreme Court in the instant case of Dr. Jaishree Laxmanrao Pati Versus. The Chief Minister and others while considering the validity of reservation provided to Marathas pronounced a landmark judgment wherein the Hon’ble apex court held that the 102nd amendment has abrogated the state to identify the socially and educationally backward classes.
Additionally in the instant matter, the Hon’ble court also stated that after the introduction of Article 338B and 342A of the Indian Constitution, the right to inclusion or exclusion or modification of the lists of SEBCs is with the Hon’ble President of the Nation.
Moreover, the Hon’ble court highlighted the fact that after the introduction of Article 338B and 342A of the Indian Constitution the only right left with the state through the existing mechanism is to make/provide suggestions to the President under Article 338B of the Indian Constitution, for inclusion, exclusion or modification of castes or communities.
Needful to note that the Hon’ble five-judge bench unanimously upheld the constitutional validity of the Constitution (One Hundred and Second Amendment) Act, 2018.
However, it gave a dissent 3:2 judgment on the question of whether it affected the power of States to identify SEBCs and hold that the state has no power.
