No Power To State To Identify “SEBC” After 102nd Amendment: SC

No Power To State To Identify “SEBC” After 102nd Amendment: SC

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.

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I am Ananya Bharti, second year student at Vivekananda Institute of professional studies. The constitutional law which set forth the basic law of land excites me the most. In addition to constitutional law , I also have an inclination to criminal law . According to me after constitutional law, criminal law is the most justifiable law for the society. Apart from this , I am also an avid reader and therefore at my recess fictious book becomes my bosom. So this is what I am.