Interpretation Of The Constitution (One Hundred And Second Amendment) Act, 2018: Is The Power Of State Governments To Legislatively Identify Socially And Educationally Backward Classes Affected?
Pradhyuman Singh Panwar, B.A LL.B (Hons.), Gujarat National Law University, Gandhinagar
ABSTRACT
The position of law prior to the Constitutional (One Hundred and Second Amendment) Act, 2018 (“Amendment”) was that the Centre would have their own list (Central List) and the States would have their own respective lists (State Lists) of Socially and Educationally Backward Classes (“SEBC’s”) (who would be eligible for reservations under Article 15). Upon the enactment of the Amendment, Constitutional recognition was given to the Central List. This sparked the legal debate of the consequences of such recognition and whether the power of the States to legislatively identify the SEBC’s would be affected. This issue is resolved by understanding the newly incorporated definition of “socially and educationally backward classes”, in the context in which it was enacted. This involves a textual and purposive interpretation of Article 342A that is introduced by the Amendment. Interpretation is carried out by relying on certain external aids of interpretation- The Rajya Sabha Select Committee Report that discussed the said Amendment as well as the Lok Sabha Debates. Such an analysis reveals the true meaning of the ambiguities in the language of the new provisions, on the basis of which the meaning of the Amendment is ascertained.
