Competence of State Legislature for the Inclusion of Classes under “Socially and Educationally Backward Classes” after the Constitution (One Hundred and Second Amendment) Act, 2018s
School of Law, Manipal University Jaipur, India.
Volume III, Issue V, 2020
In the context of the controversy on the Socially and Educationally Backward Classes 2018 Act as passed by state of Maharashtra, this paper aims to examine on how The Constitution (One Hundred and Second Amendment) Act, 2018 tried to take all the power of State legislature for the inclusion of classes under the heading “socially and educationally backward classes” to the hands of the president with inclusion of Article 342A and 366(26C) in the Constitution of India. In this regard a study on how the 102nd Constitutional amendment leads to obscurity concerning the division of power between centre and state regarding the power to inclusion of classes under “Socially and educationally backward classes” along with the brief of 102nd constitutional amendment, references on the situation before the 102nd constitutional amendment, purpose of the amendment and the report presented in parliament during the pendency of the Bill in parliament. In the light of Dr. jishri laxmnarao patel v. the chief minister of Maharashtra (Maratha reservation case) in which the Bombay high court gave the green signal to the Act passed by State of Maharashtra and stating that state legislative competence is not in any way affected by the Constitution 102nd amendment act and appeal to this pending in Supreme Court.