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Role in State’s quota decisions
February 23 , 2021
1404 days
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- The Centre has told the Supreme Court that it has no role in the choices made by the Tamil Nadu government with regard to the provision of reservation for specific castes or communities in State government jobs and admissions.
- The Centre was responding to a petition challenging the constitutionality of the Tamil Nadu Backward Classes, Sc and ST (Reservation of Seats in Educational Institutions and of Appointments or Posts in the Services under the State) Act – 1993.
- It provides 69% reservation in the State.
Centre’s stand
- Inclusion or exclusion of any caste/community in the State List of SEBCs is the subject matter of the State government, and the Government of India has no role in the matter.
- It referred to the Constitution (One hundred and second Amendment) Act of 2018, which details the difference in the procedure for inclusion or exclusion of castes and communities in the State List for SEBCs and the Central List.
- The power to identify and specify SEBCs lies with Parliament only with reference to the Central List.
- Under the newly-inserted Article 342A of the Constitution (One hundred and second Amendment) Act of 2018, the President notifies the SEBCs in a State after consultation with the Governor.
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