Senior Advocate, Shyam Divan argued before the apex court that specific procedure as laid down in 102nd Constitutional Amendment Act, 2018 was not followed while enacting the Maratha quota law.
CORE ARE OF LAW | This amendment recognizes the socially and educationally backward classes in State.
What is the procedure laid under 102nd Amendment Act ?
Maratha quota law provides for 12% and 13% reservation for Marathas in jobs and education in addition to 50% respectively.
Article 342A provides that the President may with respect to any State or UT and where it is a State, after consultation with the Governor thereof, by public notification, specify the socially and educationally backward classes which shall for the purposes of this Constitution be deemed to be socially and educationally backward classes in relation to that State or UT.
But no Presidential notification was issued in consultation with the Governor in the case of the Maratha reservation law.
It is the task of Parliament to include a community in the Central List for socially and backward classes for grant of reservation benefits.
What 102nd Constitutional Amendment Act, 2018 did actually ?
This Amendment granted constitutional status to the National Commission for Backward Classes. Article 338B and 342A has been inserted by this Amendment Act.
Article 338B provides that there shall be a Commission for the socially and educationally backward classes to be known as the National Commission for Backward Classes.
What government replied ? Submissions made by Central Govt.
The Central Government told the Supreme Court that it was o the opinion that the law passed by the Maharashtra assembly to provide reservations for Marathas in jobs and education is constitutional.
Senior Advocate Reddy appearing for the State of Andhra Pradesh averred that Article 342A is in respect to Central institutions alone, and did not take away the States power under Articles 15 and 16.
Senior Advocate Manish Singhvi appearing for the State of Rajasthan states, “Parliament was conscious that they were confining to the Central List when they enacted 102nd Amendment.”
Let’s now wait for the verdict …………..