Supreme Court Issues Notice On Plea Challenging 102nd Constitutional Amendment

The Constitution Bench of the Supreme Court hearing the challenge against Maratha Quota has issued notice in a writ petition challenging 102nd Constitutional Amendment.

This writ petition, filed by Shiv Sangram, a political party based in Maharashtra and its leader Vinayakrao T. Mete, is tagged along with Maratha Quota cases.

Let formal notice be also issued to the learned Attorney General in view of the fact that the validity of the 102nd Constitutional Amendment, the bench headed by Justice Ashok Bhushan observed in the order.

The Constitution (One Hundred and Second Amendment) Act, 2018, introduced Article 338B which provides for a Commission for the socially and educationally backward classes to be known as the National Commission for Backward Classes. Further, as per Article 342A, President may with respect to any State or Union territory, 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 Union territory, as the case may be.

In Maratha Quota cases, one of the issues was whether the Constitution (102nd Amendment) Act, 2018 affects the competence of the State Legislature to declare a particular caste to be a socially and educationally backward class. While referring the matter to constitution bench, the three judge bench had observed that there is no authoritative pronouncement on the interpretation of the provisions inserted by the Constitution (102nd Amendment) Act, 2018. "As the interpretation of the provisions inserted by the Constitution (102nd Amendment) Act, 2018 is a substantial question of law as to the interpretation of the Constitution of India, these Appeals are referred to a larger Bench.", the Court had observed.

The, Constitution Bench, however, dismissed the writ petition challenging Chhattisgarh Lok Seva (Anusuchit Jatiyon, Anusuchit Jan Jatoyon, Aur Anya Pichhade Vargon Ke Liye Aarakshan) (Sansodhan) Adhiniyam, 2011.

"We are of the view that the present is not a case to be entertained under Article 32 of the Constitution and heard alongwith the cases which are posted before this Bench. We are of the view that ends of justice be served in giving liberty to the petitioners to challenge the statutory provisions before the High Court in an appropriate writ petition.", the bench said.

The bench also de-tagged a writ petition challenging Haryana Backward Classes (Reservation in Services and Admission in Educational Institutions) Act, 2016

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