Context: Recently, Union Cabinet is learnt to have cleared a Constitution amendment bill which seeks to give power to states and UTs to make their own OBC lists.
Background

• The reservation has always been a sticky and political issue. While some time back Government gave constitutional status to NCBC.
• Meanwhile, the Supreme Court has dismissed the Centre’s plea seeking review of the May 5 majority verdict which held that the 102nd Constitution amendment took away states’ power to declare Socially and Educationally Backward Classes (SEBC) for grant of quota in jobs and admissions.
• Even, Opposition parties had accused the Centre of assaulting the federal structure by taking away the power of the states to identify and list the other backward classes (OBCs).
• Now Government is coming up with a move for states to make their own OBC list.

What were the changes brought by the 102 Constitution Amendment Act 2018?
Inserted

• Article 338 B: Deals with structure, power & duties of National Commission for Backward Classes (NCBC)
• Article 342A: President has the power to notify any particular caste as Socially and Educationally Backward Classes (SEBC) for grant of quota in jobs and admissions.

SC Verdict on 102 Amendment Act 2018
The SC upheld the constitutional validity of the act

• According to Article 342 A(1)—centre alone is empowered to identify SEBC for claiming reservation benefits. Further, Once the list is published, amendments can be done only by law enacted by the parliament.
• The states can only make suggestions to President.

What are the Court judgements regarding reservation?

• On May 5, a five-judge Constitution bench headed by Justice Ashok Bhushan had unanimously set aside Maharashtra law granting quota to Marathas and had refused to refer the 1992 Mandal verdict putting a cap of 50 percent on reservation to a larger bench.
• Moreover, they dismissed Centre plea to review 102 Constitution amendment which took away the power of states to provide benefits regarding job & admission to SEBC (Socially & Educationally Backward Classes).