State can't be compelled to seek President's assent for giving reservation: SC

The court dealt with the issue while declaring a Tamil Nadu law on internal quota for 'Vanniyar' as ultra vires the constitutional provisions

The Supreme Court on Thursday held that a state cannot be compelled to seek the assent of the President for a legislation granting internal quota, saying it is empowered to provide reservation and other special measures for backward classes, by way of legislation as well as executive orders, under Articles 15(4) and 16(4) of the Constitution.

A bench of Justices L Nageswara Rao and B R Gavai dealt with the issue while declaring a Tamil Nadu law on internal quota for 'Vanniyar' as ultra vires the constitutional provisions.

The Madras High Court here had said the state did not have legislative competence in view of 102nd Amendment Act giving constitutional validity to the National Commission for Backward Classes and 105th Amendment Act which allowed states to prepare list of socially and educationally backward classes.

It had also noted since a 1994 law which provided 69 per cent quota for backward classes in the state had been placed under the Ninth Schedule of the Constitution, the state government could not have tinkered with it without amending the original Act.

The 1994 law had notified 143 communities as Backward Classes, 41 communities as MBCs (most backward classes) and 68 communities as DNCs (denotified communities).

A writ petition challenging the 1994 Act is still pending consideration before the top court, and there has been no interim order staying the operation of the said legislation.

The top court said, "Placing of the 1994 Act under the Ninth Schedule cannot operate as a hurdle for the state to enact legislations on matters ancillary to the 1994 Act. Legislative competence of the State Legislature can only be circumscribed by express prohibition contained in the Constitution itself and Article 31-B does not stipulate any such express prohibition on the legislative powers of the state."

The court also added 1994 Act, having received the assent of the President, does not prohibit the State Legislature from enacting a legislation with the approval of the Governor on matters ancillary to the 1994 law.

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