Lekha G
A Bench of Justices Ashok Bhushan, L Nageswara Rao, S Abdul Nazeer, Hemant Gupta and S Ravindra Bhat to pronounce judgment today in a case challenging the validity of the Maharashtra State Reservation for Socially and Educationally Backward Classes (SEBC) Act, which extends 16 percent reservation to the Maratha Community in public education and employment.
In June 2019, the Bombay High Court upheld the validity of the law but reduced the quota to 12 percent in admissions to educational institutions and 13 percent in jobs.
Appeals were filed before the Supreme Court against the High Court verdict. Solicitor General Tushar Mehta, appearing for the Centre submitted that the SEBC Act of 2018 is constitutional and said, “The Centre is of the view that the Maharashtra SEBC Act is constitutional. We construe Article 324A gives enabling role to Central Government to determine the SEBC”.
On March 18, Attorney General KK Venugopal told the Top Court that the 102nd amendment to the Constitution does not restrain the State Legislatures to enact laws determining the SEBC and benefits conferring on them.
The lengthy hearing on the issue also saw submissions being made whether the landmark Indra Sawhney verdict be re-considered.
In Indra Sawhney, a nine-judge Bench of the Supreme Court held that Article 16(4) of the Constitution does not confer reservation in promotions, but only reservation in appointments. It was also held that the ceiling of 50 percent in reservations cannot be breached.
The Top Court said that it proposes to re-consider issues “In the light of subsequent constitutional amendments, judgments and changed social dynamics of the society”.
There were also contentions that since the Indra Sawhney was decided by a nine-judge Bench, the present case should be decided by a Bench of eleven judges.
The Court had reserved its judgment in the matter on March 26, 2021.