The Constitution Bench of the Hon’ble Supreme Court while hearing the challenge against Maratha Quota has delivered notice in a writ petition challenging 102nd Constitutional Amendment.
The present writ petition is led by a political party based in Maharashtra and its leader.
The Constitution (One Hundred and Second Amendment) Act, 2018, introduced Article 338B of the Indian Constitution which provides for a Commission for the socially and educationally backward classes to be known as the National Commission for Backward Classes.
Furthermore, as per Article 342A of the Indian Constitution, President may concerning any State or Union territory, and where it is a State, after discussion and consultation with the Governor thereof, by public notification, specify the socially and educationally backward classes which shall for this Constitution be deemed to be socially and educationally backward classes about that State or Union territory, as the case may be.
While referring the matter to the constitution bench, the hon’ble bench had observed that there is no authoritative pronouncement on the interpretation of the provisions inserted by the Constitution (102nd Amendment) Act, 2018. “As the interpretation of the provisions inserted by the Constitution (102nd Amendment) Act, 2018 is a substantial question of law as to the interpretation of the Constitution of India, these Appeals are referred to a larger Bench.”.
The Hon’ble Constitution Bench, however, dismissed the writ petition challenging Chhattisgarh Lok Seva (Anusuchit Jatiyon, Anusuchit Jan Jatoyon, Aur Anya Pichhade Vargon Ke Liye Aarakshan) (Sansodhan) Adhiniyam, 2011.
The Hon’ble bench also opined that “the present is not a case to be entertained under Article 32 of the Indian Constitution and heard along with the cases which are posted before this Bench. We are of the view that ends of justice be served in giving liberty to the petitioners to challenge the statutory provisions before the Hon’ble High Court in an appropriate writ petition”.