Swarna Shukla –
Published On: October 4, 2021 at 10:45 IST
The 105th Constitution (105th Amendment) Act, 2021 has come into force from 15th August, 2021. The notification has been provided by the Ministry of Social Justice and Empowerment.
The 105th Amendment Act received the President’s assent last month and it restores the power of the State Governments and Union Territories to identify and specify Socially and Economically Backward Classes (SEBCs).
The 102nd Constitutional Amendment Act, 2018 while giving Constitutional status to National Commission for Backward Classes (NCBC) also empowered the President to notify the list of SEBCs for any State or Union Territory for all purposes. Before the 102nd Amendment Act, the prevalent practice was that States and Union would specify their own lists.
After the 102nd Amendment Act, 2018 came into force, Maharashtra’s Legislature passed a law recognizing Marathas as a Socially and Educationally Backward Class and provided them with the benefit of reservation.
The said Law was challenged in the Bombay High Court. Later the Supreme Court of India was hearing an Appeal against the impugned Judgement of the Bombay High Court which upheld the validity of the Act.
A Constitution Bench of the Supreme Court, by 3:2 majority, held that States lacked the power to identify and specify SEBCs after the 102nd Constitution Amendment Act.
However, the 105th Constitution Amendment Act overrides the interpretation given by the Supreme Court of India in the Maratha Quota Case by clarifying that the State Government and the Union Territories are empowered to prepare and maintain their own State list/Union Territory list of SEBCs.
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