38.6c New Delhi, India, Wednesday, May 29, 2024

Supreme Court strikes down Maratha quota in excess of 50% ceiling limit as unconstitutional

By Celin Sunil      08 May, 2021 11:03 AM      0 Comments
Supreme Court strikes down Maratha quota

On Wednesday, 05 May 2021, a Constitution Bench of the Apex Court struck down the Maratha quota in excess of 50% ceiling limit as unconstitutional. The Court unanimously held that there were no exceptional circumstances that justified the grant of reservation to Marathas in excess of 50% ceiling limit as a Socially and Economically Backward Class.

A 5-Judge Bench comprising Justices Ashok Bhushan, L. Nageswara Rao, S. Abdul Nazeer, Hemant Gupta and S. Ravindra Bhat had reserved judgment in the case on March 26, 2021, after a consecutive hearing of 10 days. Justices Ashok Bhushan (for himself and Justice Nazeer), Nageswara Rao, Hemant Gupta and Ravindra Bhat delivered judgments in the case.

The Maharashtra SEBC Act 2018, provided 16% reservation for Marathas in jobs and education, after implementation of which, the reservation in Maharashtra became 68%. 

The bench held that the Maharashtra SEBC Act 2018, violated the principles of equality by considering Marathas as socially and economically backward class. 

It thus, struck down the reservation for Marathas in education and employment. However, the bench clarified that the judgment will not affect the PG Medical Admissions under Maratha quota made till 09.09.2020.

"We have found that no extraordinary circumstances were made out in granting separate reservation of Maratha Community by exceeding the 50% ceiling limit of reservation. The SEBC Act, 2018, violates the principle of equality as enshrined in Article 16. The exceeding of ceiling limit without there being any exceptional circumstances clearly violates Article 14 and 16 of the Constitution which makes the enactment ultra vires. We thus conclude that the Act, 2018 as amended in 2019, granting separate reservation for Maratha community has not made out any exceptional circumstances to exceed the ceiling of 50 percent reservation", the main judgment authored by Justice Ashok Bhushan stated.

The fact and figures obtained by the Gaikwad Commission indicate that the students of the Maratha Community have excelled well in open competition and got admissions in all streams including Engineering, Medical Graduation and Post-Graduation Courses and their percentage is not negligible. After elaborately referring to statistics regarding the representation of Marathas in government jobs, the Court held that Marathas are adequately rep

The bench held that there was no need to revisit the 50% ceiling limit on reservation laid down by the 9-judge bench decision in the Indira Sawhney case. Observing that the Indira Sawhney dictum has been followed in many judgments and has received acceptance, the Court reiterated that position.

The Constitution Bench also dismissed the petitions challenging the 102nd Constitution Amendment, which introduced the National Commission for Backward Classes. The bench rejected the argument that the 102nd Constitution amendment violated the basic structure of the Constitution.

Share this article:

Leave a feedback about this

Trending Business
Battle Over Butter Chicken: Moti Mahal Takes Daryaganj to Court in Trademark Showdown

Moti Mahal and Daryaganj restaurants clash in Delhi High Court over trademark claims, each asserting they invented Butter Chicken and Dal Makhani.

28 May, 2024 11:33 AM
Trending Judiciary
Punjab and Haryana High Court Upholds ED's Arrest of AAP MLA, Dismisses Plea Challenging Detention [Read Order]

Punjab and Haryana High Court dismisses AAP MLA Jaswant Singh's plea against his ED arrest, ruling it was in line with Section 19(1) of the PMLA.

28 May, 2024 11:56 AM


Trending Judiciary
No legal mandate for uploading of Form 17C on website or handing over to anyone other than candidate or agent, EC tells SC

EC tells SC there's no legal mandate to upload Form 17C on websites or provide it to anyone other than candidates or agents, citing risks of misuse and mistrust.

23 May, 2024 11:28 AM
Trending Judiciary
'National security always paramount,' SC cancels bail of PFI members [Read Judgment]

SC emphasizes national security, cancels bail of eight PFI members, stressing balance between civil liberties and counter-terrorism under UAPA.

23 May, 2024 12:05 PM
Trending Judiciary
Calcutta HC Invalidates Five Lakh OBC Certificates Issued After 2010, Cites Unconstitutional Grounds [Read Judgment]

Calcutta High Court invalidates OBC certificates issued after 2010, declaring them unconstitutional. Court cites undue haste and procedural impropriety.

23 May, 2024 03:33 PM
Trending Judiciary
MP High Court Grants Police Protection to Couple Facing Honour Killing Threats over Marriage [Read Order]

MP High Court grants police protection to a couple facing death threats from their parents for marrying without consent, citing serious measures against honor killings.

23 May, 2024 03:45 PM


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email