Perfect Courtroom junks executive plea, gained’t overview Maratha ruling | India Information – Occasions of India

NEW DELHI: The Supreme Court has refused to re-examine its verdict which declared reservation for Maratha community in Maharashtra as illegal and unconstitutional and also held that only the Centre has power to declare a community as socially and educationally backward to get quota benefits.
In an important decision, the SC had on May 5 declared by majority that only the President (read Centre) can take decisions for declaring socially and educationally backward communities for granting reservation and upheld the 102nd constitutional amendment denuding the power of states in this regard.
As the verdict could have wider ramifications on a sensitive issue of reservation, the Centre also filed review petition seeking re-examination of the SC’s interpretation of 102nd constitutional amendment. But a five-judge bench of Justices Ashok Bhushan, L Nageswara Rao, S Abdul Nazeer, Hemant Gupta and S Ravindra Bhat, which had delivered the verdict on the legality of Maratha reservation, refused to re-examine the issue.
“We have gone through the review petition filed against the judgment. The grounds taken in the review petition do not fall within the limited ground on which review petition can be considered. The grounds have already been dealt with in the main judgment. We do not find any sufficient ground to entertain this review petition. The review petition is dismissed,” the bench said in its order on June 28, which was uploaded on the SC’s website on Thursday.
While delivering the verdict, the five-judge constitution bench was unanimous on the validity of the 102nd constitutional amendment but they differed on the implication of the amendment for recognising socially and educationally backward classes (SEBCs). While Justices Rao, Gupta and Bhat concluded that the amendment has taken away the power of states to decide on SEBC and only the President can take a decision, Justices Bhushan and Nazeer held that states can also identify SEBC for granting reservation in their territory.

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