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Big shock: Marathas will not get 10% reservation, Supreme Court revokes state government’s decision

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Rajiv Sinha, Amar Ujala, New Delhi

Published by: Prashant Kumar
Updated Wed, 05 May 2021 11:17 AM IST

abstract

The Supreme Court has said that the people of Maratha community cannot be declared educationally and socially backward. The apex court has said that crossing the 50 per cent reservation limit is against the fundamental right to equality.

Supreme Court
– Photo: PTI

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The Supreme Court has given a major setback to the Maharashtra government on Maratha reservation. The apex court has quashed the state government’s decision to grant 10 percent reservation for Marathas in Maharashtra. At the same time, the Supreme Court also said that there is no need to reconsider the Indira Sawhney case. A five-member constitution bench headed by Justice Ashok Bhushan said that granting 10 per cent reservation to the Maratha community exceeds the maximum reservation limit (50 per cent), hence it is unconstitutional. The five-member constitutional bench consists of Justice Ashok Bhushan, besides Justice L Nageswara Rao, Justice S Abdul Nazir, Justice Hemant Gupta and Justice S Ravindra Bhat. The bench has stated that the violation of the 50 per cent reservation limit is against the fundamental right to equality. In fact, the Supreme Court had on March 26 reserved its decision on the petitions challenging the Maratha reservation.

Maratha community cannot be declared backward- Supreme Court
The Supreme Court has said in its judgment that neither the Gaikwad Commission nor the High Court had any substantive basis for crossing the 50 per cent reservation limit for Marathas. Therefore, we do not think that any such unexpected situation had arisen that the 50% limit of reservation could be crossed. The Supreme Court has said that the people of Maratha community cannot be declared as educationally and socially backward, so it is not right to bring them in the filed of reservation. Earlier, the Bombay High Court upheld the state government’s decision to provide reservation to Maratha community in educational institutions and government jobs in Maharashtra. It is known that the decision of the government to give reservation to the people of Maratha community was challenged by many people and organizations.

Shock to the state government
The petitioners questioned the validity of the High Court’s order, asking whether the High Court was not bound by the decision of the nine-judge bench of the Supreme Court (Mandal Commission case), in which the 50 per cent reservation limit was fixed. The petitioners said that due to Maratha reservation, the reservation has reached 73%, in such a situation, the opportunities for the general class people have become extremely less.

The Central Government had justified the decision of the State Government.
It is worth mentioning that the Central Government had justified the decision of the state government to give reservation to the people of Maratha community in the Supreme Court. The Center said that the Maharashtra government has the legislative right to give reservation to the people of the Maratha community and this decision taken by it is constitutional.

Detailed

The Supreme Court has given a major setback to the Maharashtra government on Maratha reservation. The apex court has quashed the state government’s decision to grant 10 percent reservation for Marathas in Maharashtra. At the same time, the Supreme Court also said that there is no need to reconsider the Indira Sawhney case. A five-member constitution bench headed by Justice Ashok Bhushan said that granting 10 per cent reservation to the Maratha community exceeds the maximum reservation limit (50 per cent), hence it is unconstitutional. The five-member constitutional bench consists of Justice Ashok Bhushan, besides Justice L Nageswara Rao, Justice S Abdul Nazir, Justice Hemant Gupta and Justice S Ravindra Bhat. The bench has stated that the violation of the 50 per cent reservation limit is against the fundamental right to equality. In fact, the Supreme Court had on March 26 reserved its decision on the petitions challenging the Maratha reservation.

Maratha community cannot be declared backward- Supreme Court

The Supreme Court has said in its judgment that neither the Gaikwad Commission nor the High Court had any substantive basis for crossing the 50 per cent reservation limit for Marathas. Therefore, we do not think that any such unexpected situation had arisen that the 50% limit of reservation could be crossed. The Supreme Court has said that the people of Maratha community cannot be declared as educationally and socially backward, so it is not right to bring them in the filed of reservation. Earlier, the Bombay High Court upheld the state government’s decision to provide reservation to Maratha community in educational institutions and government jobs in Maharashtra. It is known that the decision of the government to give reservation to the people of Maratha community was challenged by many people and organizations.

Shock to the state government

The petitioners questioned the validity of the High Court’s order, asking whether the High Court was not bound by the decision of the nine-judge bench of the Supreme Court (Mandal Commission case), in which the 50 per cent reservation limit was fixed. The petitioners said that due to Maratha reservation, the reservation has reached 73%, in such a situation, the opportunities for the general class people have become extremely less.

The Central Government had justified the decision of the State Government.

It is worth mentioning that the Central Government had justified the decision of the state government to give reservation to the people of Maratha community in the Supreme Court. The Center said that the Maharashtra government has the legislative right to give reservation to the people of the Maratha community and this decision taken by it is constitutional.

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