States have lost power to identify BCs, says SC

Rules Maratha quota invalid; backs 50% cap

New Delhi, May 5: The Supreme Court by a majority of 3:2, on Wednesday held the 102nd Constitutional amendment, which also led to setting up of the National Commission for Backward Classes (NCBC), took away states’ power to identify socially and educationally backward classes under their territory for grant of quota in jobs and admissions.

The 102nd Constitution amendment Act of 2018 inserted Articles 338B, which deals with the structure, duties and powers of the NCBC, and 342A which deals with power of the President to notify a particular caste as SEBC and power of Parliament to change the list.

A five-judge Constitution bench headed by

● The states can, through their existing mechanisms can only make suggestions to the President or the Commission, for inclusion, exclusion or modification of castes or communities in the SEBC list, SC said.

Justice Ashok Bhushan, in their four separate verdicts, however, was unanimous on other key issues such as the Maratha quota law was invalid and the 1992 Mandal judgement, capping total reservation to 50 per cent, did not need a relook.

Justice S. Ravindra Bhat wrote 132-page long verdict and Justices L. Nageswara Rao and Hemant Gupta, in their separate judgements, concurred with Justice Bhat and his reasoning in holding that states have lost their power to identify SEBC under their territory after

102nd amendment. Writing the majority judgement on this aspect, Justice Bhat, said, By introduction of Articles

366 (26C) and 342A through the 102nd Constitution, the President alone, to the exclusion of all other authorities, is empowered to identify SEBCs and include them in a list to be published under Article 342A (1), which shall be deemed to include SEBCs in relation to each state and union territory for the purposes of the Constitution.