Supreme Court of India
Supreme Court of India

New Delhi

The Centre has mo­v­ed the Supreme Court seeking review of the May 5 majority verdict which held 102nd consti­tutional amendment took away the power of state governments to declare Socially and Educatio­n­ally Backward Classes (SEBC) for grant of quota in jobs and admissions.

The Centre has maintained the amendment did not take away the power of the state govts to identify and declare SEBC and the two provisions which were insert­e­d did not violated the federal structure. The petition for review of judgement which was filed on Thursday has sought open court hearing in the matter and also stay of the majority verdict on the limited aspect of the amendment, till the plea is decided.

The Centre in its plea has said majority verdict had upheld the validity of Article 342A but in do­ing so, the bench has interpre­ted the provision denudes the states from exercising the power which they undoubtedly have for identi­fying and declaring SEBC in their respective states. “It is submitted that the minority of two judges including presiding judge, has expressly held Article 342A does not have in any manner deprive states of their power and jurisdi­ction and competence to identify and declare the socially and edu­ca­tionally backward classes, whi­ch is the correct interpretation of Article 342A of the Constitution.”

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