Volume 13 | Issue 4
Volume 13 | Issue 4
Volume 13 | Issue 4
Volume 13 | Issue 4
Volume 13 | Issue 4
This research paper examines the implications of the 105th Constitutional Amendment Act, 2021, which reinstates states' authority to identify socially and educationally backward classes (S.E.B.C.) for reservations. The catalyst for this amendment was the Supreme Court's interpretation in the Maratha Reservation case, which curtailed states' power under the 102nd Constitutional Amendment Act, 2018. Key questions addressed include whether state reservation powers constitute a federal structure component, if the Supreme Court adequately reflected Parliament's intentions, and how rules of interpretation apply to constitutional provisions versus general statutes. Additionally, the paper analyzes the gaps left by the 102nd Amendment and their impact on reservation policies.