Centre asks Supreme Court to review order on states’ role in defining OBCs

NEW DELHI: The Union government moved the Supreme Court for a reconsideration of its May 5 judgment, which ruled that after a constitutional amendment in 2018, state governments have no power to draw up their own lists of backward classes. By a 3-2 majority, the verdict -- which also unanimously struck down a state law granting reservation to the Maratha community in government jobs and education in Maharashtra -- had held that state governments must rely on the Centre to include or exclude any community for granting reservation to socially and educationally backward classes.

In its review petition, the Centre has contended that the judgment required a relook because

Athere were errors apparent on the face of the record.

Since a review petition is usually decided by the judges in their chambers under the Supreme Court rules, the central government has asked for an open court hearing so as to be able to make oral submissions on the grounds of review.

A statement by the Union ministry of social justice and empowerment said: “The Constitution Bench of the Hon’ble Supreme Court has pronounced judgement dated May 5, 2021, involving interpretation of the provisions of the Constitution 102nd Amendment Act, 2018. As provided in the Supreme Court Rules, 2013, a review petition has been filed by the Union of India on May 13, 2021.”

In its May 5 judgment, the five-judge bench had interpreted the 102nd constitutional amendment, whereby provisions were inserted to give constitutional status to the National Commission for Backward Classes (Article 338B) and for empowering the President to notify the list of socially and educationally backward classes of state or Union territory (Article 342A).