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Home NEWS Supreme Court quashes Maharashtra law granting reservation to Maratha community

Supreme Court quashes Maharashtra law granting reservation to Maratha community

The Supreme Court on Wednesday quashed the Maharashtra law granting reservation to the Maratha community in admissions and authorities jobs within the state. The high court docket made it clear in its judgment that individuals from the Maratha community can’t be declared as educationally and socially backward community to deliver them inside the reserved class.

A five-judge bench of Justices Ashok Bhushan, L Nageswara Rao, S Abdul Nazeer, Hemant Gupta and S Ravindra Bhat additionally refused to refer the 1992 Mandal judgment (Sawhney judgment), setting a 50 per cent cap on reservation, to a bigger bench for reconsideration. The bench stated that exceeding the 50 % ceiling with none distinctive circumstances to justify the identical, violates Article 14.

The court docket dominated that the state authorities, which enacted the Maharashtra State Reservation for Socially and Educationally Backward Classes Act, 2018 based mostly on the findings of the Justice M G Gaikwad Commission that the Marathas have been backward, had not made any extraordinary circumstance to grant such reservation.

The bench additionally upheld the 102nd constitutional modification saying it doesn’t violate the essential construction of the structure. The modification inserted Articles 338-B and 342-A within the Constitution.

The 102 modification offers with the constitutional standing of the National Commission for Backyard Classes. Article 334B offers with the construction, duties, and powers of the Commission whereas 342A speaks in regards to the energy of the President to notify a category as Socially and Educationally Backward (SEBC) and the ability of Parliament to alter the Central record SEBC record.

The judgment got here on petitions difficult the June 27, 2019 order of the Bombay High Court upholding the constitutional validity of the Maharashtra State Reservation (of seats for admission in instructional establishments within the State and for appointments within the public companies and posts underneath the State) for Socially and Educationally Backward Classes (SEBC) Act, 2018.

On March 26, the highest court docket had reserved its verdict on the batch of pleas. The excessive court docket, whereas upholding the law in June 2019, had held that 16 per cent reservation was not justifiable and the quota shouldn’t exceed 12 per cent in employment and 13 per cent in admissions.

The Centre had argued within the high court docket that Maharashtra has the legislative competence for granting reservation to Marathas and its choice is Constitutional because the 102nd modification doesn’t denude a state of the ability to declare its record of Socially and Educationally Backward Classes (SEBC).

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