The Supreme Court has pronounced that only President can take decisions in declaring the Socially and Economically Backward Community.

The judgement upheld the 102^nd constitutional amendment.

Why is 102 constitutional amendments in the news ?

-The Maharashtra State Government declared the Maratha Community as the Socially and Economically Backward Class.

--The Bombay High Court recently upheld the Maharashtra Socially and Economically Backward Classes Act, 2018.

--This was challenged in Supreme Court by various petitions.

-The Supreme court has struck down the Maratha reservation provided by the State Government under SEBC act, 2018..

What 102 constitutional amendments upholded ?

The State Governments have been expanding the list of Socially and Economically Backward Classes for vote bank with quota benefits.

What is the Judgement ?

-The Apex court said that the 102^nd constitutional amendment has taken away the powers of state governments to designate Socially and Economically Backward Classes.

- Only President can take decisions in declaring the Socially and Economically Backward Community.

Indra Sawhney Case-1992

-The State Government has full powers to identify a backward class.

-The Sawhney Case verdict directed the appointment of National Backward Classes Commission and State Backward Classes Commission.

-Thus, 102^nd constitutional amendment was brought in and the commissions were established.

102^nd Constitutional Amendments

The 102^nd Constitutional Amendment inserted Articles 338 B and Article 342 A,

-Article 342 A deals with the power of the president to notify a particular caste as Socially and Economically Backward.

-The Article 338 B deals with the structure, powers and duties of National Commission for Backward Classes .

Constitutional Provisions

Article 366 and Article 342 says that only President shall identify SEBC.

What are SEBC?

-The Central Government of India classifies some of its citizens based on their social and economic condition.

-SEBC full form is Socially and Economically Backward Classes (SEBC) and also stands for Socially and Educationally Backward Communities.

-As per the Government's official notification, candidates whose annual family income is not exceeding or is upto 8 lakh, will be considered in OBC-NCL (Non Creamy layer)category and therefore will be eligible for reservation under OBC-NCL category.

Is SEBC and OBC are same?

Both the categories are inter-linked as SEBC stands for socially and economically backward classes whereas OBC stands for other backward classes.

However, both the terms are used inter-changeably and 27% of provision is applicable for both ones.