Article 342A does not violate basic structure of Constitution: Supreme Court

The Supreme Court on Wednesday held that Article 342A which abrogates states’ power to legislate or classify “any backward class of citizens” does not affect the federal policy or structure of the Constitution.

While quashing the Maratha quota, a five-judge bench presided over by Justice Ashok Bhushan by three opinions also upheld validity of 102nd Amendment giving constitutional status to National Backward Classes Commission.

Read | Supreme Court quashes Maratha reservation in education, jobs

The amendment allowed for publication of list by the President of socially and educationally backward classes which was to be Central List for governing employment under Union government and the organisations under it.

Article 342A empowered the President to specify the socially and educationally backward communities in a state in consultation with the Governor.

"The Constitution 102nd Amendment Act, 2018 does not violate any basic feature of the Constitution. We uphold the constitutional validity of Constitution (One Hundred and second Amendment) Act, 2018," Justice Bhushan along with Justice S Abdul Nazeer wrote.

Both the judges, however, felt the states can also identify the backward classes for granting benefit of reservation.

Justice L Nageswara Rao, for his part, said the ordinary meaning that flows from a simple reading of Article 342 A is that the President after consultation with the Governor of a state or Union Territory may issue a public notification specifying socially and educationally backward classes.

"It is those socially and educationally backward classes who shall be deemed as socially and educationally backward classes in relation to that state or Union Territory for the purposes of the Constitution," he said.

Justice S Ravindra Bhat also said the final decision of whether to include any caste or community in the list of socially and educationally backward is that of the Union Government, i e the President.

He said 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. Justice Hemant Gupta agreed to the views taken by Justices Rao and Bhat on this aspect.

Attorney General K K Venugopal and and counsel for several states contended that the Constitutional provision is to be interpreted as per the intention of the Parliament.

Parliament never intended to take away the power of the state to identify backward classes in the state for the purpose of employment in the state, they said.