Mumbai: Former MP and OBC leader, Haribhau Rathod on Monday demanded amendment in constitution under Section 342/(A) to rectify the ‘mistake’ in the constitutional legislation (102nd Amendment Act) taking away the rights of the states of giving OBC status to various communities.
He urged Prime Minister, Narendra Modi to issue ordinance in favour of Maratha reservation.
In a press release, Rathod said, at the time of Constitutional amendment under Section 342/(A) they inserted ‘Other backward class’, ‘socially, Educationally backward class’. However, it was not clear in the amendment bill whether to include any community in the state list and the power goes to whom to include it and that is the loophole in the constitution.
Due to this, confusion arose in SC over Maratha community reservation and the matter went to larger bench from the three division Judges bench.
“The legislation of the Constitution (123rd Amendment Bill), passed by Lok Sabha (2016) and referred to Rajya Sabha (2017), u/s 342/(A) empowers Parliament to include or exclude, only backward class in the concurrent (central) list of constitution.
The Rajya Sabha had sent this bill to ‘select committee’ for review and sought suggestions and objections from the public.
He said that after detailed study of the Bill, he had brought to the Rajya Sabha’s notice that Parliament has the right to include/exclude any backward class in the concurrent list of (Central). “However, there was no provision done to include or exclude, backward class in the concurrent list of backward class in the state and he had then suggested to do the appropriate amendment in u/s 342 (A). However, the Select committee of Rajya Sabha did not take my suggestion seriously”, opined Rathod.