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
May 06, 2021 00:02 IST
Updated:
May 06, 2021 00:02 IST
Updated:
May 06, 2021 02:00 IST
In Maratha case, SC holds fast to quota ceiling and requires special reasons to exceed it
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In Maratha case, SC holds fast to quota ceiling and requires special reasons to exceed it
In striking down the separate reservation given to Maharashtra’s Maratha community, the Supreme Court has underscored the importance of adhering to the 50% limit on total reservation, as well as the need to justify any excess by showing the existence of exceptional circumstances. In a decision that will be quite unpalatable to mainstream parties, the Court has not only found no merit in the Maratha claim to backwardness but also said the community is adequately represented in public services. It is no surprise that the Maratha quota, given by Maharashtra through a 2018 law, did not survive judicial scrutiny by a Constitution Bench. The 16% quota in admissions to educational institutions and
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Here is a look at the chronology of the events surrounding the Maratha quota law.
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Members of maratha community celebrate after Maharashtra assembly unanimously passes bill for 16% reservation to Marathas on November 30, 2018.
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The Hindu
Here is a look at the chronology of the events surrounding the Maratha quota law.
The five-judge Constitution Bench of Supreme Court on Wednesday declared the Maratha quota law as unconstitutional. The Bench unanimously agreed that there was no need to re-visit the 1992 Indira Sawhney judgment which fixed the reservation limit at 50%. It held that a separate reservation for the Maratha community violates Articles 14 (right to equality) 21 (due process of law).