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COMMENT ON THE MARATHA RESERVATION CASE WITH SPECIAL EMPHASIS ON 105TH CONSTITUTION AMENDMENT ACT

By Akash Dixit, Abhishek Bhatt & Shubham Saini


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Abstract
On 18th August, 2021 President of India has given his assent on the 105th Constitutional Amendment Act, 2021 which restores the state’s power to identify socially and educationally backward classes. It was due to the Supreme Court’s surprising interpretation in ‘The Maratha Reservation case’ which leads to this 105th Amendment. Supreme Court’s majority judgment denuded the power of states to identify S.E.B.C. In ‘The Maratha Reservation Case’ petitioner challenged the Bombay High court judgment which upheld the ‘Maratha Reservation’ and 102nd Constitutional Amendment Act, 2018.
Constitution had given S.E.B.C identification power to both central and state. In Indra Sawhney case , Supreme Court gave direction for setting up of commission for socially and educationally backward classes for entertaining, examining and recommending the request of inclusion of particular caste and complaint of both over inclusion and under inclusion. Aftermath of the Mandal Commission case the National commission for Backward Classes Act, 1993 was passed and National commission for backward class was set up under the act.
This research paper is an attempt to provide insights into the 102nd and 105th constitutional amendments and critically analyze the ambiguity that arose after the Maratha Reservation case.
Keywords
Amendment, Reservation, Federal, Interpretation, Commission.

TypeResearch Paper
InformationLex Humanitariae: Journal for a Change, Volume II issue IV, Pages 272 – 279
ISSN 2582-5216
Creative CommonsThis work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.
Copyright© 2021- Lex Humanitariae: Journal for a Change