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Maratha quota unconstitutional: Supreme Court
Why is it in news?
- A five-judge Constitution Bench of the Supreme Court unanimously declared a Maharashtra law which provides reservation benefits to the Maratha community.
More from Supreme Court:
- Taking the quota limit in the State in excess of 50%, unconstitutional.
- There was no “exceptional circumstances” or “extraordinary situation” in Maharashtra which required the Maharashtra government to break the 50% ceiling limit.
- The Marathas are in the mainstream of the national life.
- It is not even disputed that Marathas are politically dominant caste.
- A separate reservation for the Maratha community violates Articles 14 (right to equality) and 21 (due process of law).
Background:
- The Maharashtra government had cleared 16% reservation for Maratha community in Maharashtra.
- The 16% quota was recommended by the Gaikwad Commission.
- The Bombay High Court had, in June 2019, reduced the quantum of reservation from the 16% to 12% in education and 13% in employment.
- The Supreme Court concluded that even the reduced percentages of reservation granted by the High Court were ultra vires.
- Supreme Court declined to revisit its 1992 Indra Sawhney judgment, which fixed the reservation limit at 50%.
- The ceiling of 50% can be breached only in the ‘extraordinary circumstances’.
Source: The Hindu.