He said the Centre on Monday told the Supreme Court, which is hearing pleas against the quota, that as per Constitutional Amendment 102, no state can offer reservation to any community, and such rights are now solely with the Union government
Congress leader Ashok Chavan. File pic
Maharashtra Minister Ashok Chavan on Monday informed the Legislative Council that the previous BJP government under Devendra Fadnavis had committed an error while passing an Act that gave reservations to the Maratha community.
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He said the Centre on Monday told the Supreme Court, which is hearing pleas against the quota, that as per Constitutional Amendment 102, no state can offer reservation to any community, and such rights are now solely with the Union government.
The minister, who also heads the state government's sub committee on Maratha reservation, said the president signed this amendment in August, 2018, while the Fadnavis government cleared the Socially and Educationally Backward Classes Act in November that year.
"I wonder whether the state purposefully mislead the House. I am not here to blame anyone. But a question arises that on what grounds the then Maharashtra government cleared the SEBC Act for the Maratha community even after the Constitution amendment was signed," Chavan said in the Council.
He was speaking in the House after being asked to make a statement on the progress of the quota hearing in the apex court.
The 102nd Constitution Amendment Act of 2018 inserted Article 338B (deals with the structure, duties and powers of National Commission of Backward Class) and 342A (power of the President to notify a particular caste as Socially and Educationally Backward Class (SEBC)) and the power of Parliament to change the SEBC list.
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