Published On: Wed, May 5th, 2021

SC quashes Maharashtra law granting reservation to Maratha community

New Delhi: The Supreme Court on Wednesday quashed the Maharashtra law granting reservation in jobs and admissions to Maratha community. The top court said it did not find any exceptional circumstance to justify exceeding the 50 per cent cap set by Indra Sawhney judgment.

There were no extraordinary circumstances to grant reservation to Maratha community over and above 50 per cent ceiling

A five-judge Constitution Bench headed by Justice Ashok Bhushan allowed no breach of 50 per cent ceiling to give more reservation, as it refused to consider reviewing Indra Sawhney verdict of 1992.

“Exceeding ceiling limit of 50 percent laid down by Indra Sawhney is violative of Articles 14 and 15,” said the top court. The top court said the people from Maratha community cannot be declared as educationally and socially backward.

The unanimous judgment was delivered by a bench also comprising Justices L Nageswara Rao, S Abdul Nazeer, Hemant Gupta and S Ravindra Bhat.

The top court made it clear that there were no extraordinary circumstances to grant reservation to Maratha community over and above 50 per cent ceiling.

The top court struck down the Maharashtra State Reservation for Socially and Educationally Backward Classes (SEBC) Act, 2018 which extends reservation to the Maratha community in public education and employment.

The top court emphasized that exceeding the 50 percent limit in without exceptional circumstances violates Article 14, and it held that 2018 act as amended in 2019 exceeds the limit without any exceptional circumstances.

The top court held that SEBC Act, which extends reservation to the Maratha community in public education and employment is unconstitutional.

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