Centre may bring bill to restore states’ power over OBC list

With the Supreme Court rejecting its review petition, the Centre is considering moving Parliament to bring in a constitutional amendment to “restore” the right of state governments to identify and notify socially and economically backward classes (SEBCs) — a description for Other Backward Classes.

ET has learnt that the Centre will soon open political consultations on the issue, which not only has significant political implications but also a strong bearing on the federal structure.

The Centre is considering an amendment to Article 324A, mainly to add a clause that will explicitly say that it does not deprive or impact the state’s right to notify SEBCs, ET has learnt.


On Thursday, the SC rejected the Centre’s review petition against its May 5 order scrapping the quota for the Maratha community on the basis of its interpretation of article 324A.

Article 324A was brought in through the 102nd amendment to the Constitution in 2018, granting constitutional status to the National Commission for Backward Castes. Incidentally, the amendment did run into rough weather with opposition parties in 2018 itself, with concerns raised over its interpretation and probable implications for state governments.

That is what happened after a Maharashtra government law giving reservations to the Marathas in admission to educational institutions and government jobs in the state landed in the SC. While considering the constitutionality of the Maratha quota, a constitution bench of the Supreme Court held by a three-to-two majority on May 5 that following the 102nd Constitution amendment, only the President of India had the power to notify SEBCs.