Supreme Court declares Maratha Quota Law Unconstitutional

Mumbai: The Supreme Court on Wednesday declared a Maharashtra law which provides reservation benefits to the Maratha community by taking the quota limit in the State in excess of 50%, as unconstitutional.

The court stated that people from the Maratha community cannot be declared as educationally and socially backward community to bring them within the reserved category.

The Bench led by Justice Ashok Bhushan found that there was no "exceptional circumstances" or "extraordinary situation" in Maharashtra which required the Maharashtra government to break the 50% ceiling limit to grant quota benefits on the Maratha community.

As per the sources, the court struck down the findings of the Justice N.G. Gaikwad Commission which led to the enactment of Maratha quota law and set aside the Bombay High Court judgment that validated the Maharashtra State Reservation for Socially and Educationally Backward Classes (SEBC) Act of 2018.Read more

However, the court held that a separate reservation for the Maratha community violates Articles 14 (right to equality) and 21 (due process of law).

The Supreme Court declined to re-visit the 1992 Indira Sawhney judgement, which fixed the reservation limit at 50%.

Justice Ashok Bhushan stated, "We don't find any substance to revisit the Indira Sawhney judgment or referring it to a larger bench. The judgment has been upheld by at least four Constitution Benches." Read more

The Indira Sawhney judgment had categorically said "50% shall be the rule, only in certain exceptional and extraordinary situations for bringing far-flung and remote areas population into mainstream said 50% rule can be relaxed."

Justice Bhushan said that appointments made under the Maratha quota after the Bombay High Court judgment endorsing the State law would hold, but they would get no further benefits.

Sources said that students already admitted under the Maratha quota law would continue. Students admitted to postgraduate courses would not be affected since they were not given reservations.

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