Document Fragment View
Fragment Information
Showing contexts for: Article 338 in V.V.Saminathan vs The Government Of Tamil Nadu on 1 November, 2021Matching Fragments
2.18. According to the petitioners, after the insertion of the 102nd Amendment to the Constitution of India, the State Government has no power to identify/classify any community as Backward and it is the sole domain of the Parliament and hence, the impugned Act is in violation of the Articles 338-B and 342-A of the Constitution of India. Further, the appropriate authority to notify a caste will be the National Commission for Backward Classes which is a Constitutional Body under Article 333-B of the Constitution of India, under the Ministry of Social Justice and Empowerment. Article 340 of the Constitution of India specifically provided that the President may, by order, appoint a Commission consisting of such persons as he thinks fit to investigate the conditions of socially and educationally Backward Classes within the territory of India and the difficulties under which they work and make recommendations as to the steps that should be taken by the Union or any State to remove such difficulties.
● The procedure referred to in Article 338-B of the Constitution of India may be suitable for the purpose of the Central List of OBCs and as such, it is of no significance for the State to comply with Article 338B(9) of the Constitution of India for exercising its power under the Tamil Nadu Act 45 of 1994, in pursuance of Articles 15(4) and 16(4) of the Constitution of India.
● The constitutional scheme enables identification of SC/ST under Articles 338, 338-A, 340, 341, 342 for OBCs. The State has no legislative competence under Articles 245 and 246 of the Constitution of India, under any Entry to identify OBCs.
● In the light of the Constitutional provisions as it stood on the day of the impugned Act, the State has no power to tamper the list and encroach the power of the President of India and Parliament under Articles 338B and 342A of the Constitution of India.
● The State Legislature is bereft of power to make sub-classification of MBC in view of Articles 342-A and 366(26C) of the Constitution of India, as on 26.02.2021.
● The impugned Act has not been enacted as per the Constitutional Scheme as envisaged under Article 338-B of the Constitution of India.
● The impugned Act provides reservation only on caste basis which is also impermissible under Articles 15 and 16 of the Constitution of India.