SC Strikes Down Maharashtra Law Granting Reservation To Maratha Community

Mumbai: The Supreme Court on Wednesday unanimously held that there were no exceptional circumstances justifying the grant of reservation to Marathas in excess of the 50% ceiling limit.

A five-judge bench examining the constitutional validity of the 16 per cent reservation brought by the former BJP government in Maharashtra said the move violates equality. The bench comprised Justices Ashok Bhushan, L Nageswara Rao, S Abdul Nazeer, Hemant Gupta, and S Ravindra Bhat.

“States have no power to add any caste to socially economically backward caste list due to the amendment made by Parliament,” the Supreme Court observed. “States can only identify the castes and suggest to the Centre…Only President can add the caste to SEBC list guided by the National Backward Classes Commission.”

However, it has been said that not all admissions will bother the present-day ruler due to postgraduate courses and prior appointments made under the new quota law.

The Constitution bench also said that the 1992 mandate decision did not require a re-issue of a 50 per cent cap on reservation imposed by the Supreme Court.

In 2018, the BJP government in Maharashtra passed the Socially and Educationally Backward Classes (SEBC) Act, which provided 16 per cent reservation to the Maratha community.

The quota was upheld by the Bombay High Court in 2019 while hearing a petition arguing the Maharashtra government’s decision to provide “permanent crutches” to the Maratha community. The Supreme Court stayed the Bombay High Court ruling last year.

The petitioners stated that the quota was unconstitutional because, with it, the state’s total reservation was more than 50 per cent.

The Center, which supported the Maratha quota, argued that states could give reservations and that the decision is constitutional.

If there is no 50 per cent or no limit, as you are suggesting, what is the concept of equality then? We will ultimately have to deal with it. What is your reflection on that…? What about the resultant inequality? How many generations will you continue?” In March this year, the bench told the Centre.

The court had reserved its verdict last month.

(With Agency Inputs)

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