Polity Notes

Maratha Reservation

On 5th May 2021, Supreme Court Struck down the Maharashtra Law which gave reservation for Maratha Community in education and jobs in Maharashtra and said it violates “right to equality”. The verdict was pronounced by a five judge constitution bench of Supreme Court headed by Justice Ashok Bhushan.

Supreme Court gave the ruling that only the Centre could notify Socially and Educationally Backward Classes (SEBCs) and not the states. President on the basis of recommendations of National Commission for Backward Classes would determine which communities would be included in state OBC list.

Earlier Bombay High Court in June 2019, upheld the validity of Maharashtra State Reservation for Socially and Educationally Backward Classes (SEBC) Act 2018 but reduced the quota to 12% in educational institutions and 13% in jobs instead of 16% in the said act.

The decision of the Bombay High Court was challenged in Supreme Court on the ground that this law breaches the 50% reservation limit prescribed in Supreme Court judgment in Indra Sawhney vs Union of India 1992.

Supreme Court held in its judgment that there are no extraordinary circumstances for exceeding the limit and also any reason in revisiting Indira Sawhney judgment.

The Stand of Union Govt. was in favour of this bill. Solicitor General Tushar Mehta supported the Maharashtra Govt. Law in Supreme Court and argued that their is nothing unconstitutional in this bill.