‘Due process not followed in Maratha quota law’
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Only President in session with Governor can specify socially and educationally backward courses in a State, SC advised
Senior advocate Shyam Divan on Tuesday argued earlier than a Constitution Bench of the Supreme Court that the Maratha quota regulation was enacted with out following the particular process laid out in the One Hundred and Second Constitutional Amendment to recognise socially and educationally backward courses in a State.
Appearing earlier than the five-judge Bench led by Justice Ashok Bhushan, Mr. Divan, who’s showing for petitioners difficult the Maratha quota, submitted that the process is laid out in Article 342A launched by the constitutional modification in 2018.
Under Article 342A, it’s only the President in session with the Governor who can specify socially and educationally backward courses in a State. There was no Presidential notification issued in session with the Governor in the case of the Maratha reservation regulation.
The constitutional modification had launched Articles 338B and 342A. Article 338B offers with the newly established National Commission for Backward Classes. Article 342A empowers the President to specify the socially and educationally backward communities in a State in session with the Governor.
However, it’s for the Parliament to incorporate a group in the Central List for socially and backward courses for grant of reservation advantages.
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