State's Power To Identify SEBCs : Does 105th Constitutional Amendment Fully Nullify Supreme Court's Interpretation In Maratha Quota Case?

Does 105th Constitutional Amendment fully nullify the effect of Supreme Court's interpretation of 102nd Amendment which had taken away the power of State legislatures to identify Socially and Economically Backward Classes? The Supreme Court in Dr.Jaishri Laxmanrao Patil v. Chief Minister held by 3:2 majority that the 102nd Constitution Amendment has abrogated the power of states to identify "Socially and Educationally Backward Classes" The Constitution Act, 2021, came into force with effect from 15.8.2021 Petitioner's Case One of the contentions raised by the petitioners challenging internal reservation to Vanniyar community was based on combined reading of 102nd amendment and the SC judgment in Maratha Quota case. Whereas it is the specific case of the official respondents that the Constitution Act, 2021, enacted by the Parliament, making amendments in Articles 338-B, 342-A and 366, has preserved the State lists and the power of the States to identify and notify Backward Classes and thus, the power of the State for identification and notification of the Backward Classes stated to be lost by virtue of the Constitution Act, 2018, has been restored through the above said 105th Amendment to the Constitution. It is therefore important to notice the Statement of Object and Reasons in the bill which later became 105th Constitutional Amendment, It reads as follows: The legislative intent at the time of passing of the Constitution Act, 2018 was that it deals with the Central List of the socially and educationally backward classes.