Apex court strikes down Maharashtra law on grant of quota to Marathas
May 05, 2021
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It also declined to revisit its 1992 Indira Sawhney judgment, which fixed the reservation limit at 50 per cent.
A five-judge Constitution Bench of the Supreme Court on Wednesday unanimously declared a Maharashtra law that provides reservation benefits to the Maratha community, taking the quota limit in the State above 50 per cent unconstitutional.
The Bench led by Justice Ashok Bhushan found no “exceptional circumstances” or “extraordinary situation” in Maharashtra, which required the Maharashtra government to break the 50% ceiling limit to bestow quota benefits on the Maratha community.
The Supreme Court struck down the findings of Justice N.G. Gaikwad Commission which led to the enactment of the Maratha quota law and set aside the Bombay High Court judgment, which validated the Maharashtra State Reservation for Socially and Educationally Backward Classes (SEBC) Act of 2018.
New Delhi:
The Supreme Court, by a majority 3:2, on Wednesday held the 102nd Constitutional amendment, which also led to setting up of National Commission for Backward Classes (NCBC), took away states power to identify socially and educationally backward classes under their territory for grant of quota in jobs and admissions.
The 102nd Constitution amendment Act of 2018 inserted Articles 338B, which deals with the structure, duties and powers of the NCBC, and 342A which deals with power of the President to notify a particular caste as SEBC and power of Parliament to change the list.
A five-judge Constitution bench headed by Justice Ashok Bhushan, in their four separate verdicts, however, was unanimous on other key issues such as the Maratha quota law was invalid and the 1992 Mandal judgement, capping total reservation to 50 per cent, did not need a relook or reference to larger bench.
The Supreme Court verdict on Wednesday in the Maratha quota case shows that the Opposition’s fears about the 102nd Constitution amendment have come true.
NEW DELHI: In an important decision which could have wider ramifications, the Supreme Court by a majority declared on Wednesday that only the President (read the Centre) can take decisions on declaring socially and educationally backward communities for granting reservation and upheld the 102nd constitutional amendment denuding the power of states in this regard.
A five-judge Constitution bench of Justices Ashok Bhushan, L Nageswara Rao, S Abdul Nazeer, Hemant Gupta and S Ravindra Bhat was unanimous on the validity of the 102nd constitutional amendment but differed on its implication for recognising socially and educationally backward classes (SEBCs).
The majority, comprising Justices Rao, Gupta and Bhat, concluded that the amendment has taken away the power of states to decide on designating SEBCs and now only the President can take a decision. However, Justices Bhushan and Nazeer held that states can also identify SEBCs and there would be two lists – central and state lists