Breaking News Maratha Reservation Act struck down by SC as ultra...

Maratha Reservation Act struck down by SC as ultra vires


New Delhi, May 5 (ILNS): The Supreme Court today struck down as ultra vires, the Sections granting reservation in the Maharashtra Socially and Educationally Backward Classes Act 2018 (SEBC Act). (Jaishri Laxmanrao Patil Vs The Chief Minister & Ors)

The five-Judge Constitution Bench of Justices Ashok Bhushan, L Nageswara Rao, S Abdul Nazeer, Hemant Gupta and S Ravindra Bhat said that no further benefit can be claimed by anyone. The Court was delivering its order on petitions challenging the same.

As the Bench assembled, the Court said: “In this case, four judgements are being delivered. With regards to questions 1, 2 and 3, all of us have given our verdict unanimously. We don’t see any substance on the argument of Mr Mukul Rohatgi, while referring to the case of Indira Sahani.

“With regard to question 2, neither the Commission, nor the Bombay High Court, has made out any case for sealing of reservation over and above 50 percent. With regard to question 3 – exceeding the sealing limit above 50 percent – without any exceptional circumstances, (this) is a violation,” it added.

The Court also made it clear that those who have been admitted in PG Medical courses till September 9, 2020, are safe and will not be impacted. Justice Bhat said that as per the Indra Sawhney case, this does not require to be referred to a larger bench.

“The state government, based on Justice Gaikwad Commission, has not made out exceptional circumstance for granting Maratha reservation. The state has no power to publish their lists. Only Parliament can do that.”

The Court said that the arguments in the case have laid down seminal importance for the development of Constitutional law in the country.

Numerous pleas had been filed against the Bombay High Court order upholding the Maharashtra SEBC Act, whereby an extended 16 percent reservation for Marathas in jobs and education under SEBC was reserved beyond the ceiling limit of 50 percent reservation in extraordinary circumstances, justified by quantifiable data. ILNS\KR\SJ\RJ


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