Review Petition Filed By The Union Of India To Review Supreme Court’s Judgment On Backward Classes

Overview

The centre on 13th may, 2020 filed a review petition seeking review of the Supreme court’s interpretation of the 102nd constitution amendment in the Maratha reservation judgment given on 5th May. The Union requested that the state's power to identify and notify SEBC’s cannot be scrapped.

Background

• In the case of Dr. Jaishree Laxmanrao Pati v The Chief Minister and others, the Supreme Court by 3:2 majority held that the final say regarding inclusion or exclusion of Socially and Educationally Backward Classes(SEBCs) lies with the President.
• Under Article 338, the states can only make suggestions to the President or the Commission for inclusion or exclusion of castes and communities in the list under Article 342A (1).
• The 102nd amendment of the constitution introduced article 338B which talks about the National Commission for Backward Classes. Further, the President after consulting Governor may specify SEBC’s.
• The judgment differed on whether it affected the state’s power to identify socially and educationally backward classes.
• The court by 3:2 majority shifted the power of identification to the president and held that it does not violate the main feature of the constitution.

Present Situation

• The Centre filed a petition saying that the power of exclusion and inclusion of SEBC should be shifted back to the states.
• The Centre challenging the Supreme Court’s interpretation of the 102nd amendment in the case of Dr. Jaishree Laxmanrao Pati v The Chief Minister and others said the power of the states regarding identification and notification of SEBC’s cannot be scrapped.