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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