Q. Why Recently The Central Government Has Filed A Review Petition Against The 5-Judge Bench Judgment (C.B.) Of The Supreme Court In Maratha Reservation Case ?

A. Because On May 5, a CONSTITUTION BENCH of the Supreme Court, , JAISHREE LAXMAN RAO PATIL Vs CM 05.05.2021 SC, while dealing with the constitutionality of Maratha quota, had by 3:2 majority, has

 HELD THAT

• The 102^nd Constitution Amendment ABROGATED THE POWER OF STATE Governments to identify and notify Socially and Economically Backward Classes (SEBCs).

HELD THAT

• After the 102^nd Constitution Amendment, ONLY THE PRESIDENT HAS THE POWER to notify SEBCs,
• and that the POWER OF STATES WAS ONLY TO MAKE RECOMMENDATIONS.

While Justices L Nageswara Rao, Hemant Gupta and S Ravindra Bhat were on the majority on this point,

• the minority comprising Justices ASHOK BHUSHAN AND S ABDUL NAZEER

 HELD THAT

 the effect of the amendment was ONLY RELATED TO THE POWER OF CENTRE TO IDENTIFY SEBCS FOR THE CENTRAL LIST.