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Suparme court quashes Maratha reservation law, won't revisit verdict capping quota at 50%

Friday, May 7, 2021

/ by mansuralisaha
The News Cover: the five-judge constitution bench, of the supreme court, has unanimously set aside the Maharashtra state reservation for socially and economically backward classes act. which provided reservation to the Maratha community in admissions to educational institutions, and government jobs, in India's richest state. the court held that the 2018 Maharashtra state law violated, principles of equality enshrined under the Indian constitution the bench comprising of justice ashore pushing, justice ellen Rao, justice Abdul Nazir, justice Hemant Gupta, and justice Ravindra Bhatt, also refused to re-examine the 1992 Indra Sawhney judgment.

which disallowed any reservation. above 50 percent of total seats or vacancies, the court found no valid reason to breach. the 50 ceilings to give reservation to the Maratha community ruling that, the community cannot be declared socially and educationally backward for the purpose of granting them reservation. the state government had framed the law to grant 16 reservations to Marathas on the 30th of November 2018. which was subsequently upheld by the Bombay high court on the 27th of June 2020. however, the high court had reduced the quantum of the reservation to 12 percent for educational institutions, and 13 percent for government jobs, based on the recommendation of justice MB guy.

what led to state-appointed a backward class commission. however the top court upheld the 102nd constitutional amendment by a three-to-majority verdict, the 102nd constitutional amendment allowed only the center and barred states from identifying socially and economically backward classes to provide for their reservation Maharashtra's chief minister, udav takri, has termed the top court verdict as unfortunate and has urged prime minister Narendra Modi, to enact a law to provide reservation to the Maratha community protests have already begun in Maharashtra against the scrapped law as political parties and the state government is seeking legal alternatives against. 

the top code verdict earlier center had supported. the Maratha reservation law and had argued in favor of its legal validity before the court it remains to be seen whether a review petition will be filed in this regard or not also with the top quote upholding, the 102nd constitutional amendment, it's also possible that the union government may bring in a law for Maratha reservation. however that of course will be fraught with other dangers too since it's not the first time a reservation has been granted to a community over and above the existing scheme of reservations under the Indian constitution various, state reservations which have been granted in the recent past in various states have been politically contentious issues and have also acted as poll plans for various political parties.

 before elections, however even after such reservations have been granted by state assemblies they have either been stayed or struck down by courts of law. after they have been challenged citing the Indra Sawhney judgment of equality enshrined under the Indian constitution bench. comprising of justice, ashore pushing justice, ellen Rao justice, Abdul nazir justice, Hemant Gupta, and justice Ravindra Bhatt, also refused to re-examine. the 1992 Indra Sawhney judgment. 

which disallowed any reservation, above 50 percent of total seats or vacancies. the court found no valid reason to breach. the 50 ceilings to give reservation to the Maratha community ruling. that the community cannot be declared socially and educationally backward for the purpose of granting them reservations, the state government had framed the law to grant 16 reservations to Marathas on the 30th of November 2018. which was subsequently upheld by the Bombay high court on the 27th of June 2020. however, the high court had reduced the quantum of the reservation to 12 percent for educational institutions and 13 percent for government jobs based on the recommendation. of justice mb guy, what led state-appointed backward class commission. 

however, the top court upheld the 102nd constitutional amendment, by a three-to-majority verdict the 102nd constitutional amendment allowed only the center and barred states from identifying socially and economically backward classes to provide for their reservation Maharashtra's chief minister udav takri has termed. the top court verdict is unfortunate and has urged prime minister Narendra Modi. to enact a law to provide reservation to the Maratha community protests have already begun in Maharashtra against the scrapped law as political parties and the state government is seeking legal alternatives against it. 

the top code verdict earlier center had supported. the Maratha reservation law and had argued in favor of its legal validity, before the court it remains to be seen whether a review petition will be filed in this regard or not also with the top quote upholding. the 102nd constitutional amendment, it's also possible that the union government may bring in a law for Maratha reservation. however that, of course, will be fraught with other dangers too since it's not the first time a reservation has been granted to a community. 

over and above the existing scheme, of reservations. under the Indian constitution, various state reservations which have been granted in the recent past in various states have been politically contentious issues, and have also acted as poll plans for various political parties before elections, however. even after such reservations have been granted by state assemblies they have either been stayed or struck down by courts of law. after they have been challenged citing the Indra Sawhney judgment.

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