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3. The State Government appointed a Backward Class Commission under the Chairmanship of Shri A.N. Sattanathan, by G.O. Ms. No. 842 dated 13.11.1969 “to make a scientific and factual investigation of the conditions of backward classes in the State and recommend specific measures of relief for their advancement”. The Commission submitted its report in November, 1970, recommending reservation of 33 per cent of posts under the State Government for Backward Classes as well as of seats in professional and educational institutions. After considering the recommendations of the said Commission, the State Government, by G.O. Ms. No. 695 dated 07.06.1971, enhanced the existing reservation for Backward Classes from 25 per cent to 31 per cent and that for Scheduled Castes and Scheduled Tribes from 16 per cent to 18 per cent with respect to 4 | Page seats in all kinds of educational institutions under Government, local body and aided managements and posts for recruitment to public services. On 01.02.1980, the reservation quota for Backward Classes was enhanced to 50 per cent for appointment to posts in services and admissions to educational institutions under the State Government.

6. Act No. 45 of 1994, i.e., 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 (hereinafter, the “1994 Act”) was enacted to provide for reservation in admissions to educational institutions in the State and for appointments in the 6 | Page services under the State. ‘Backward Classes of citizens’ are defined under Section 3(a) thereof as “the class or classes of citizens who are socially and educationally backward, as may be notified by the Government in the Tamil Nadu Government Gazette, and includes the Most Backward Classes and the Denotified Communities”. Section 4 provides that reservation in respect of annual permitted strength in educational institutions for ‘Backward Classes of citizens’ and for persons belonging to Scheduled Castes and Scheduled Tribes shall be 69 per cent. According to Section 5, 69 per cent of appointments or posts in the services under the State shall be reserved for ‘Backward Classes of citizens’, Scheduled Castes and Scheduled Tribes. The allocation of percentage of reservation for Backward Classes, MBCs and DNCs, Scheduled Castes and Scheduled Tribes remained unchanged. Additionally, by Section 7 of the 1994 Act, the Government reserved power to classify or sub- classify, by notification, the ‘Backward Classes of citizens’ for the purposes of the 1994 Act, on the basis of reports of the Tamil Nadu Backward Classes Commission constituted on 15.03.1993. On 19.07.1994, by G.O. Ms. No. 28, the Government of Tamil Nadu, under Section 3(a) of the 1994 Act, notified 143 communities as Backward Classes, 41 communities as MBCs and 68 communities as DNCs. By the Constitution (Seventy-sixth 7 | Page Amendment) Act, 1994, which received the assent of the President on 31.08.1994, the 1994 Act was placed in the Ninth Schedule of the Constitution, as Entry 257-A.

40. Dr. Singhvi, referring to Section 7 of the 1994 Act, submitted that the scheme of reservation under the 2021 Act was not a new scheme over and above the reservation provided for under the 1994 Act. Section 7 of the 1994 Act expressly provided for classification and sub-classification of the ‘Backward Classes of citizens’ by the State by notification, for the purposes of the said statute. It was pointed out by Dr. Singhvi that the power under Section 7 had been exercised by the State earlier as well in enacting the Tamil Nadu Backward Class Christians and Backward Class Muslims (Reservation of Seats in Educational Institutions Including Private Educational Institutions and of Appointments or Posts in the Services Under the State) Act, 2007 (hereinafter, the “2007 Act”), whereunder three and a half per cent reservations were granted to ‘Backward Class Muslims’ from the 30 per cent reserved for Backward Classes under the 1994 Act and which continues to be in force till date. Accordingly, Dr. Singhvi contended that the High Court was incorrect in its treatment of the 2021 Act as a special statute varying the provisions of the 1994 Act.

50. As already stated, the 2021 Act deals with matters which are incidental or ancillary to those contained in the 1994 Act and the State is competent to legislate on such matters. It is for the State to decide whether a legislation, which is not repugnant to any law made by the Parliament on the same subject matter, should receive the assent of the President or not. If the assent of the President is not sought, the consequence is that the statute made by the State is susceptible to challenge as being violative of Article 14 or Article 19. However, it cannot be said that the State cannot legislate on subject matters, ancillary to that of an earlier 50 | P a g e statute which has received the assent of the President, or that it is mandatory for the State Government to seek the assent of the President for a legislation which the State is otherwise competent to enact. In Indra Sawhney (supra), Jeevan Reddy, J., writing for himself and three other judges, conclusively clarified that Article 16(1) is a facet of Article 14 and just as Article 14 permits reasonable classification, so does Article 16(1), which means that appointment and / or posts can be reserved in favour of a class under clause (1) of Article 16. For assuring equality of opportunity, it may well be necessary in certain situations to treat unequally situated persons unequally. It was further noted that Article 16(4) is an instance of such classification, put in to place the matter beyond controversy. Where the State finds it necessary – for the purpose of giving full effect to the provision of reservation to provide certain exemptions, concessions or preferences to members of backward classes, it can extend the same under clause (4) itself. Pandian, J. while tracing the legislative history of Article 15(4), observed that the object of Article 15(4), introduced by the Constitution (First Amendment) Act, 1951, was to bring Articles 15 and 29 in line with Articles 16(4), 46 and 340 and to make it constitutionally valid for the State to reserve seats for backward class of citizens, Scheduled Castes and Scheduled Tribes in 51 | P a g e public educational institutions as well as to make other special provisions as may be necessary for their advancement. From these observations and findings, it is clear that States are empowered to make reservation for backward classes under Articles 15(4) and 16(4). We see no force in the submissions of Mr. Vijayan, who attempted to convince this Court that the State Legislature’s source of power for enacting the 2021 Act cannot be traced to any Entry in the Lists under the Seventh Schedule of the Constitution.