SC issues notice in plea challenging the 102nd Constitutional Amendment

A Constitution Bench of the Supreme Court has issued a notice in a plea challenging the Maratha quota.

The petitioner is a political party ( Shiv Sangram ), a political party based in Maharashtra. The Bench issued notice to the Attorney General given the 102nd Constitution Amendment. The amendment provides for a Commission for educationally and socially backward classes known as National Commission for Backward classes. 

According to Article 342A, the President may specify educationally and socially backward classes that are deemed educational and socially backward classes for the Constitution.

In this case, one issue was whether the amendment affects the State Legislature’s competence to declare any caste to be educationally or socially backward classes. While referring the case to the constitution bench, the bench had stated no authoritative pronouncement on provisions of the amendments.

However, the Constitution Bench dismissed the writ challenging Chattisgarh Lok Seva Adhiniyam,2011.

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The Bench observed that the instant case should not be entertained under Article 32 of the Constitution and should be heard with other similar petitions. The Bench opined that the petitioner should approach the High Court and file an appropriate petition.

Hon’ble Court proceeded to de tag the writ challenging Haryana Backward Classes (Reservation in Services and Admission in Educational Institutions) Act.

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