Review petition of Central government towards the 5-decide bench judgment of Supreme Court has been rejected by the Supreme Court. In that judgment, Supreme Court held that the 102nd Constitution Amendment abrogated the power of State Governments to perceive and notify Socially and Educationally Backward Classes (SEBCs).
The limited basis of the review request does not include the reason for the review request. The main judgment has dealt with the various reasons for requesting a revision. We did not find enough reason to consider this. Ask for consideration. The modification request was rejected, it said in the modification order.
On May 5, considering the constitutional validity of the Maratha quota, the Constiutional Court of the Supreme Court ruled by 3:3 majority that after the 102nd constitutional amendment, only the president has the right to notify. Judges L Nageswara Rao, Hemant Gupta and S. Ravindra Bhat were in the majority at the time, the majority Judges Ashok Bhushan and S. Abdul Nazeer believed that the effects of the change were only related to the power of the center to determine the SEBCs for the central list.
Interestingly, K.K. Venugopal, the Attorney General of India, is that such a change will not affect the power of the country.
It is also interesting that the parliamentary committee and Union Ministers who submitted the draft law to amend the law made it clear that amendment will not affect the power of the state to determine the SEBCs.
However, a majority decision decided that after Art. 338 B and 342 A were introduced into the constitution, the final decision on the addition or deletion (or modification of the list) of SEBCs is first decided by the President, and then by the violation. Participate in modifying or deleting the original published list.
Jude Bhat stated that: “with the 102nd amendment, the parliament clarified the existing legal system for identifying cities such as SC and ST and included them on the SC and ST lists, the pre-existing art. 341 and 342 regarding the identification of SEBCs will be copied.