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Supreme Court Upholds Indra Sawhney Judgement

Supreme Court Upholds Indra Sawhney Judgement

Context:

In a recent Judgement, the Supreme Court has quashed the Maratha Quota Reservation Law which was formulated on the basis of the recommendations of Justice M.G Gaikwad Commission and upheld the upper limit of 50% set in the Indra Sawhney VS Union of India case.

Details:

  • The Supreme Court has upheld that the power of identification and notification of the list for the Reservation of Socially and Educationally Backward Classes(SEBC) is held by the President (Central Government).
  • The SC has made it clear that only the Centre is empowered to identify SEBC and include them in the list for availing the benefits of reservations.
  • States can only make recommendations for exclusion and inclusion with subsequent changes to be done by the Parliament only.
  • The identification of the SEBC by the President will be guided by the National Commission for Backward Classes (NCBC) established under Article 338B.
  • NCBC was accorded the status of a constitutional body by the 102nd Amendment Act, 2018.
  • Only a single list of Socially and Educationally Backward Classes will be released by the Centre with respect to each State and Union Territory.

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