2021 (5) TMI 1038 - SUPREME COURT

Contours and extent of special provisions for the advancement of socially and educationally backward class (SEBC) of citizens as contemplated Under Article 15(4) - contours and extent of provisions of reservation in favour of the backward class citizens Under Article 16(4) of the Constitution of India - Interpretation of the Constitution (102nd Amendment) Act, 2018.

The High Court by the impugned judgment upheld Act, 2018, except to the extent of quantum of reservation provided Under Section 4(1)(a), 4(1)(b) over and above 12% and 13% respectively as recommended by Maharashtra State Backward Class Commission. The writ petitions challenging the Ordinance XIII and XIV of 2014 as well as Act, 2014 were dismissed as having become infructuous. Few writ petitions were also allowed and few detagged and other writ petitions have been disposed of.

HELD THAT:- Following conclusions have been reached:-

1. Indra Sawhney [1992 (11) TMI 277 - SUPREME COURT] does not require to be referred to a larger bench nor does it require reconsideration in the light of subsequent constitutional amendments, judgments and changed social dynamics of the society.

2. The Maharashtra State Reservation (of seats for admission in educational institutions in the State and for appointments in the public services and posts under the State) for Socially and Educationally Backward Classes (SEBC) Act, 2018 as amended in 2019 granting 12% and 13% reservation for Maratha community in addition to 50% social reservation is not covered by exceptional circumstances as contemplated by Constitution Bench in Indra Sawhney's case.

3. The State Government, on the strength of Maharashtra State Backward Commission Report chaired by M.C. Gaikwad has not made out a case of existence of extraordinary situation and exceptional circumstances in the State to fall within the exception carved out in Indra Sawhney.

4. The questions Whether the Constitution One Hundred and Second Amendment deprives the State Legislature of its power to enact a legislation determining the socially and economically backward classes and conferring the benefits on the said community under its enabling power? and Whether, States' power to legislate in relation to "any backward class" Under Articles 15(4) and 16(4) is anyway abridged by Article 342(A) read with Article 366(26c) of the Constitution of India?, are answered as below:

(i) By introduction of Articles 366 (26C) and 342A through the 102nd Constitution of India, the President alone, to the exclusion of all other authorities, is empowered to identify SEBCs and include them in a list to be published Under Article 342A (1), which shall be deemed to include SEBCs in relation to each state and union territory for the purposes of the Constitution.

(ii) The states can, through their existing mechanisms, or even statutory commissions, only make suggestions to the President or the Commission Under Article 338B, for inclusion, exclusion or modification of castes or communities, in the list to be published Under Article 342A (1).

(iii) The reference to the Central List in Article 342A (2) is the one notified by the President Under Article 342A (1). It is to be the only list for all purposes of the Constitution, in relation to each state and in relation to every union territory. The use of the term "the Central List" is only to refer to the list prepared and published Under Article 342A (1), and no other; it does not imply that the states have any manner of power to publish their list of SEBCs. Once published, Under Article 342A (1), the list can only be amended through a law enacted by Parliament, by virtue of Article 342A (2).

(iv) In the task of identification of SEBCs, the President shall be guided by the Commission set up Under Article 338B; its advice shall also be sought by the state in regard to policies that might be framed by it. If the commission prepares a report concerning matters of identification, such a report has to be shared with the state government, which is bound to deal with it, in accordance with provisions of Article 338B. However, the final determination culminates in the exercise undertaken by the President (i.e. the Central Government, Under Article 342A (1), by reason of Article 367 read with Section 3(8)(b) General Clauses Act).

(v) The states' power to make reservations, in favour of particular communities or castes, the quantum of reservations, the nature of benefits and the kind of reservations, and all other matters falling within the ambit of Articles 15 and 16-except with respect to identification of SEBCs, remains undisturbed.

(vi) The Commission set up Under Article 338B shall conclude its task expeditiously, and make its recommendations after considering which, the President shall expeditiously publish the notification containing the list of SEBCs in relation to states and union territories, for the purpose of the Constitution.

(vii) Till the publication of the notification mentioned in direction (vi), the existing lists operating in all states and union territories, and for the purposes of the Central Government and central institutions, continue to operate. This direction is issued Under Article 142 of the Constitution of India.

5. Article 342A of the Constitution by denuding States power to legislate or classify in respect of "any backward class of citizens" does not affect or damage the federal polity and does not violate the basic structure of the Constitution of India.

The appeals and writ petitions are disposed off.