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States did not get the right to declare socio-educational backward classes

Supreme Court dismissed the petition of the Central Government

The Supreme Court has dismissed the petition of the Central Government, in which on May 5, there was a demand to reconsider the decision related to the 102nd Constitutional Amendment. The top court had said in that judgment that states do not have the right to identify socially and educationally backward classes.

A bench of Justice Ashok Bhushan, Justice L Nageswara Rao, Justice S Abdul Nazeer, Justice Hemant Gupta and Justice S Ravinder Bhat said that the grounds given by the Center in the review petition have already been considered. In such a situation, no ground is made for interfering in the order of May 5. The bench also turned down the demand of the Center to hear the review petition in open court. The bench had considered this petition in its chambers on June 28. In fact, on May 5, a five-judge Constitution Bench of the Supreme Court, in a majority (3-2) decision, said that after the 102nd Amendment, the right of the states to identify socially and educationally backward classes has ceased. It is the right of the President to include or remove any community from the Backward Classes list. The Supreme Court on May 5 set aside the Maharashtra government’s decision on Maratha reservation and is part of the same decision.