New Delhi, May 14 (ILNS): The Centre has moved the Supreme Court for review of judgement conferring the President of India with the sole power to identify and declare a community’s inclusion in socially and educationally backward classes (SEBC) for grant of reservation, saying that the state’s power to identify SEBC community cannot be denuded.
A review petition for the review of the SC verdict has been filed by the Union of India on Thursday.
The Ministry of Social Justice and Empowerment, in a statement here, said: “The Constitution Bench of Supreme Court has pronounced the Judgement dated May 5, in the matter of Shiv Sangam v/s Union of India and other various civil appeals involving interpretation of the provisions of the 102nd Constitutional Amendment Act, 2018.
As provided in the Supreme Court Rules, 2013, a review petition for review of the judgement of the Supreme Court has been filed by the Union of India on May 13.”
A five-Judge Constitution Bench, headed by Justice Ashok Bhushan on May 5, had unanimously set aside the Maharashtra law, granting quota to Marathas and had refused to refer to the 1992 Mandal verdict, putting a cap of 50 per cent on reservation to a larger bench.
The Bench, in its 3:2 majority verdict, had ruled that the 102nd Constitution amendment, which also led to the setting up of National Commission for Backward Classes (NCBC), gives exclusive power to the Centre to identify and declare SEBC, as only the President can notify the list. ILNS/KR/SS/RJ