102 Constitutional Amendment Supreme Court Says States Cannot Add Any Caste To Backward Classes List
The Supreme Court, by a majority 3:2, on Wednesday held the 102nd Constitutional amendment, which also led to setting up of National Commission for Backward Classes (NCBC), took away states' power to identify socially and educationally backward classes under their territory for grant of quota in jobs and admissions.
The 102nd Constitution amendment Act of 2018 inserted Articles 338B, which deals with the structure, duties and powers of the NCBC, and 342A which deals with power of the President to notify a particular caste as SEBC and power of Parliament to change the list.
A five-judge Constitution bench headed by Justice Ashok Bhushan, in their four separate verdicts, however, was unanimous on other key issues such as the Maratha quota law was invalid and the 1992 Mandal judgement, capping total reservation to 50 per cent, did not need a relook or reference to larger bench.
While Justice Bhushan wrote 412-page long verdict for himself and Justice Nazeer and was in minority on the point whether the 102 Constitutional amendment takes away the right of states to identify SEBC.