
States have no power to draw up own lists of backward classes: Supreme Court
Hindustan TimesThe Supreme Court on Wednesday ruled that after a constitutional amendment in 2018, state governments have no power to draw up their own lists of backward classes and that they must rely on the Centre to include or exclude any community for granting reservation. By a 3-2 majority, a five-judge bench interpreted the 102nd constitutional amendment By a 3-2 majority, a five-judge bench interpreted the 102nd constitutional amendment, whereby provisions were inserted to give constitutional status to the National Commission for Backward Classes and for empower the President to notify the list of socially and educationally backward classes of state or Union territory. Attorney general KK Venugopal told the court that the 102nd amendment did not deprive state legislatures to enact law determining the Socially and Educationally Backward Classes and conferring benefits on them. Both the Centre and states urged the court to lend credence to the parliamentary select committee report of 2017 and a statement of Union minister Thawarchand Gehlot on the floor of Parliament in August 2017 that the amendments did not affect the rights of the state governments to notify backward classes for reservation. “I am convinced that there is no reason to depart from the text which is in clear terms and rely upon the legislative history to construe Article 342 A contrary to the language.” Stating that the states could only make suggestions with the President who will have the exclusive authority to notify the list of SEBCs, Justice Bhat added that once the list was notified, states could exercise their power under Article 15 and 16 to decide on extent of reservations, the kind of benefits, the quantum of scholarships, etc.
History of this topic

Congress seeks law for SC, ST quota in private, non-minority educational institutions
The Hindu
DC Edit | Will Telangana Quota Law Stand?
Deccan Chronicle
West Bengal informs Supreme Court of fresh exercise to identify Backward Classes
The Hindu
BC Minister Ponnam calls for unity to secure 42% reservations for BCs
The Hindu
Govt. to enact law in March first week to give statutory backing to 42% BC reservation
The Hindu
Review Petition Filed In Supreme Court Against Judgment Allowing Sub-Classification Of Scheduled Castes & Creamy Layer Exclusion
Live Law
Quotas in quota | Panacea or pandora's box?
India Today
In Tamil Nadu, data on quota is a Pandora’s Box
The Hindu
Murmurs in U.P. Congress over quota within quota issue
Hindustan Times
States can sub-classify SCs for quotas: top court
The Hindu
HC issues notice to Maharashtra backward class panel over report on Maratha quota
The Hindu
Fact Check: Analysing Modi’s Claim That Congress Gave Religion-Based Reservation to Muslims in Karnataka
ABP News
We back reservations: RSS head Mohan Bhagwat amid quota row
Op India
We did not make any changes to BC quota, says CM Siddaramaiah
New Indian Express
Panel slams Karnataka OBC quota for Muslims: 'Against social justice principle'
India Today
Maharashtra assembly passes bill for 10% reservation to Marathas
Hindustan Times![Subcategorization Of SC/STs Can Help More Backward Classes, But Guidelines Needed To Avoid Play Of Popular Politics : Supreme Court [Day 3]](/static/images/error.jpg)
Subcategorization Of SC/STs Can Help More Backward Classes, But Guidelines Needed To Avoid Play Of Popular Politics : Supreme Court [Day 3]
Live Law
Preferential treatment by States of most backward is not tinkering with Presidential list: Supreme Court
The Hindu![Degree Of Backwardness Within Scheduled Castes May Vary, Says Supreme Court; Centre Supports Subclassification Within SCs/STs [Day 2]](/static/images/error.jpg)
Degree Of Backwardness Within Scheduled Castes May Vary, Says Supreme Court; Centre Supports Subclassification Within SCs/STs [Day 2]
Live Law![Subclassification Necessary To Uplift Most Backward Among Scheduled Castes : State Of Punjab Tells Supreme Court [Day 1]](/static/images/error.jpg)
Subclassification Necessary To Uplift Most Backward Among Scheduled Castes : State Of Punjab Tells Supreme Court [Day 1]
Live Law
'Can state insist on seat-sharing in unaided minority instis': HC judge seeks full bench hearing
New Indian Express
Union Government Has Rendered National Commission For Backward Classes Nonfunctional, Hope Appointments Are Made Expeditiously: Madras High Court
Live Law
Bihar assembly passes bill to hike quotas for SCs, STs & backward classes to 65 per cent, surpasses SC's 50 per cent cap
Firstpost
Bihar Govt Announces 10% Reservation For EWS In Judicial Services And State-Run Law Colleges
Live Law
Won’t make any appointments, admissions under order scrapping 4% quota for Muslims till April 18: Karnataka govt. tells SC
The Hindu
SC gives nod to Uttar Pradesh to hold local body elections
The Hindu
SC agrees to hear appeal on January 4 challenging direction to hold U.P. municipal polls without reservation for OBC
The Hindu
Uttar Pradesh moves Supreme Court against HC directive to hold local body polls without OBC quota
The Hindu
Former Karnataka CM Siddaramaiah hits out at SC's decision to uphold 10 per cent quota for EWS
Firstpost
SC Upholds 10% Quota for Economically Weaker Sections in Win for Govt, Says Doesn't Violate Constitution
News 18
SC reserves verdict after hearing for 7 days the pros and cons of 10% quota for EWS
India Today
EWS quota claims to be for poorest of poor, but denies most deprived: Supreme Court
The Hindu
Will EWS quota cut share of pie of those competing on merit, asks CJI
The Hindu![EWS Quota - 103rd Amendment Negates Concept Of Reservation As Tool Of Representation, Violates Equality : Dr.Mohan Gopal To Supreme Court [Day 1]](/static/images/error.jpg)
EWS Quota - 103rd Amendment Negates Concept Of Reservation As Tool Of Representation, Violates Equality : Dr.Mohan Gopal To Supreme Court [Day 1]
Live Law
Supreme Court Holds Internal Reservation For Vanniyar In OBC Quota Unconstitutional; Declares 2021 Act Ultra Vires
Live Law
Supreme Court Rejects Maharashtra Backward Classes Commission's Interim Report Recommending 27% OBC Quota In Local Bodies
Live Law
'Unfortunate That Politics Drives Reservation' : Respondents Conclude Arguments In Vanniyar Internal Quota Case; Supreme Court Reserves Judgment
Live Law
SC does not refer Vanniyar quota to larger Bench, goes ahead to hear case on merits
The Hindu
The importance of a caste census
The Hindu
Puducherry Local Body Elections: Madras High Court To Decide If Reservation For Backward Classes Is Mandatory
Live Law
Refining the reservation policy
The Hindu
Explained | How was the backward classes policy restored?
The Hindu
President Gives Assent To 105th Constitutional Amendment To Restore States' Power To Identify SEBCs
Live Law
OBC reservation, social justice and caste politics | In Focus podcast
The Hindu
The Current Reservation System Will Benefit the Political Class, Not Downtrodden
News 18
Why the OBC Bill matters
India Today
Breaking: Lok Sabha Passes Constitutional Amendment Bill To Restore States' Power To Identify SEBCs
Live Law
Centre Introduces Constitutional Amendment Bill To Restore States' Power To Identify SEBCs
Live Law
No Power For States To Identify SEBCs : Supreme Court Dismisses Centre's Review Petition Against Interpretation of 102nd Constitution Amendment
Live Law
Centre Moves SC for Review of Verdict Denuding States of Power to Declare SEBC
News 18Discover Related









































