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State of Tamilnadu - Section

Section 8 in The Tamil Nadu Backward Classes, Scheduled Castes and Scheduled Tribes (Reservation of Seats in Educational Institutions and of Appointments or Posts in the Services under the State) Act, 1993

8. Power to make rules.

(1)The Government may make rules for carrying out the purposes of this Act.
(2)
(a)All rules made under this Act shall be published in the Tamil Nadu Government Gazette and unless they are expressed to come into force on a particular day, shall come into force on the day on which they are so published.
(b)All notifications issued under this Act shall, unless they are expressed to come into force on a particular day, come into force on the day on which they are published.
(3)Every rule made or notification or order issued under this Act shall, as soon as possible, after it is made or issued, be placed on the table of the Legislative Assembly, and if, before the expiry of the session in which it is so placed or the next session, the Assembly makes any modification in any such rule or notification or order, or the Assembly decides that the rule or notification or order should not be made or issued, the rule or notification or order shall, thereafter, have effect only in such modified form or be of no effect, as the case may be, so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or notification or order.[Tamil Nadu’s Vanniyar Reservation - Pattali Makkal Katchi v Mayileruperumal. The Supreme Court held that Tamil Nadu's reservation for Vanniyars in education and employment within the Most Backward Classes category was unconstitutional. The Court observed that the reservation was not supported by empirical data on backwardness.In a Judgment delivered on March 31st 2022, Justices Nageswara Rao and B.R. Gavai declared Tamil Nadu’s Vanniyar reservations law unconstitutional. The SC held that even though the State government was legislatively competent to provide internal reservations, it had erred by using antiquated and unreliable data to frame the 2021 Act. The Court found that the 2021 Act discriminates against other MBC groups—who are disadvantaged as they cannot claim this large share of reserved seats. The Court held that the classification made in the said G.O. proceeded on the basis of religion, race and caste and constituted a violation of the fundamental rights guaranteed under Article 29(2) of the Constitution of India. There is no substantial basis for classifying the Vanniakula Kshatriyas into one group to be treated differentially from the remaining 115 communities within the MBCs and DNCs, and therefore, the 2021 Act is in violation of Articles 14, 15 and 16. (https:indiankanoon.org/doc/65086207/, https:legiteye.com/in-civil-appeal-no-2600-of-2022-sc-sc-strikes-down-tamil-nadu-law-providing-10-5-vanniyar-quota-holds-105th-constitutional-amendment-act-to-be-prospective-in-operation-justices-l/)]