Lekha G
The Supreme Court on Monday struck down the Maharashtra Government Law to reserve seats in government jobs and education institutions to Marathas.
The SC held that there were “No exceptional circumstances” to breach the 50% reservation cap set by the Constitution Bench in the 1992 Mandal verdict.
The directions were passed on a batch of pleas challenging the SEBC Act, 2018 of Maharashtra. In June 2019, The High Court while upholding this law held that 16% reservation was not justifiable and the quota should not exceed 12% in employment and 13% in admissions respectively.
In March 2020, SC framed six questions to decide the matter, while terming the issue of interpretation of the 102nd Constitution Amendment is of paramount importance.
The Top court also said that it would reconsider whether the landmark Indira Sawhney Case requires to be referred to a larger bench “In the light of subsequent Constitution amendments, judgements and changed social dynamics of the society”.
A five judge Constitution Bench headed by Justice Ashok Bhushan said that the MC Gaikwad Commission report which formed the basis for the Maratha quota did not highlight any exceptional circumstances for grant of reservation to the community and hence it was invalid.
The Bench upheld the constitutional validity of 102nd Amendment but also held that the states cannot decide on the list of socially and educationally backward classes and only President has the power to notify it.
Justices Bhushan and Nazeer in their minority view said both the Centre and State have powers to decide on the list of SEBC. The majority verdict directed the Centre to notify a fresh list of SEBC’s and the existing list to be valid till such notification.
However, the Court unanimously refused to refer the Mandal judgment to a larger Bench for reconsideration on issues including permitting the state to breach the 50% ceiling on quota in extraordinary circumstances as it has been upheld time and again by its various verdicts.
It was further clarified that appointments made in government jobs and admissions after the Bombay High Court verdict of 2019 upholding Maratha quota and September 9 Order of the Supreme Court staying the implementation of quota will not be adversely affected.
