States have no power to draw up own lists of backward classes: Supreme Court
3 years, 10 months ago

States have no power to draw up own lists of backward classes: Supreme Court

Hindustan Times  

The 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.

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