‘Not following the procedure laid down in Maratha quota law’

Senior advocate Shyam Dewan on Tuesday argued before a constitution bench of the Supreme Court that Maratha quota law was enacted to recognize socially and educationally backward classes in the state without following the specific procedure laid down in the One Hundred and Second Constitutional Amendments. went.

Appearing before a five-judge bench headed by Justice Ashok Bhushan, Mr. Divan, appearing for the petitioners challenging the Maratha quota, submitted that in Article 342A initiated by the Constitution Amendment in 2018, it The process has been laid.

Under Article 342A, it is the President only in consultation with the Governor who can designate socially and educationally backward classes in a state. In the case of Maratha Reservation Act, no Presidential notification was issued in consultation with the Governor.

The Constitution amendment introduced Articles 338B and 342A. Article 338B deals with the newly established National Commission for Backward Classes. Article 342A empowers the President to designate socially and educationally backward communities in the state in consultation with the Governor.

However, it is for the Parliament to include a community in the Central List for the Social and Backward Classes for the grant of reservation benefits.