38.6c New Delhi, India, Saturday, May 25, 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 Events & Opportunity
LIVE Coverage: In-Depth Exploration of Bhartiya Sakshya Adhiniyam (BSA) at DHCBA Lecture Series [Watch Live]

LIVE Coverage: DHCBA Lecture Series explores the Bhartiya Sakshya Adhiniyam (BSA), 2023 with Justice Bhambhani & Senior Advocate Jayant Mehta. Tune in at 5pm on LawStreet Journal!

24 May, 2024 11:30 AM
Trending Judiciary
BJP Moves Supreme Court Against Calcutta High Court's Ban on "Derogatory" Ads Targeting TMC

BJP moves Supreme Court against Calcutta High Court order banning "derogatory" ads targeting TMC during Lok Sabha elections, seeks urgent hearing.

24 May, 2024 12:12 PM


Trending Judiciary
Supreme Court refuses to entertain plea for stay on new criminal laws

SC refuses plea to stay new criminal laws. Court deems the plea casual, noting laws aren't yet implemented. Petitioner withdraws. Laws effective from July 1, 2024.

20 May, 2024 12:58 PM
Trending Know The Law
SCBA Election Result 2024, Know the newly elected members

SCBA Election Result 2024: Senior Advocate Kapil Sibal elected President. Know the newly elected members and key office bearers leading the Supreme Court Bar Association.

20 May, 2024 03:03 PM
Trending Judiciary
Cannot Allow the Game of Hide and Seek for Committing Murder of an Unborn Child: MP High Court [Read Order]

MP High Court denies abortion for minor rape victim, condemns misuse of legal authority to terminate pregnancy and prevent justice.

20 May, 2024 03:52 PM
Trending Judiciary
Pune Porsche Hit & Run: Bail Granted to 17 Year Old in Under 14 Hours, Asked to write essay

Bail granted to 17-year-old in Pune Porsche hit-and-run case within 14 hours. Conditions include educational tasks, supervision, and counseling. Incident killed two.

20 May, 2024 04:30 PM


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email