Solely President in session with Governor can specify socially and educationally backward lessons in a State, SC informed
Senior advocate Shyam Divan on Tuesday argued earlier than a Structure Bench of the Supreme Court docket that the Maratha quota regulation was enacted with out following the particular process specified by the One Hundred and Second Constitutional Modification to recognise socially and educationally backward lessons in a State.
Showing earlier than the five-judge Bench led by Justice Ashok Bhushan, Mr. Divan, who’s showing for petitioners difficult the Maratha quota, submitted that the process is specified by Article 342A launched by the constitutional modification in 2018.
Beneath Article 342A, it’s only the President in session with the Governor who can specify socially and educationally backward lessons in a State. There was no Presidential notification issued in session with the Governor within the case of the Maratha reservation regulation.
The constitutional modification had launched Articles 338B and 342A. Article 338B offers with the newly established Nationwide Fee for Backward Lessons. Article 342A empowers the President to specify the socially and educationally backward communities in a State in session with the Governor.
Nevertheless, it’s for the Parliament to incorporate a group within the Central Record for socially and backward lessons for grant of reservation advantages.