Lawstreet Journal

SC To Hear Pleas Challenging The Constitutional Validity Of Maharashtra Law Granting Reservation For Marathas

Lawstreet Journal 4 Feb 2020 4:32pm

Image courtesy: Lawstreet Journal Judiciary SC To Hear Pleas Challenging The Constitutional Validity Of Maharashtra Law Granting Reservation For Marathas

The Supreme Court on Tuesday (February 4, 2020) will be hearing a batch of pleas challenging the constitutional validity of a Maharashtra law granting reservation for Marathas in education and jobs in the State. SC previously heard the matter on January 22, 2020.

Abench comprising Chief Justice S A Bobde and Justices Sanjiv Khanna and Surya Kant, meanwhile, asked the parties to complete the pleadings in the case. Senior advocate Arvind Datar, appearing for one of the parties opposed to the quota for Marathas, said the matter required a hearing as the Maharashtra law breached the 50 per cent ceiling on reservation put by the Apex Court in Indira Sahwney v. Union of India AIR 1993 SC 477 also known as the Mandal Commision case.

"We can refer it (matter) to a Constitution bench only after being convinced of the plea," the bench said, adding that the petitions would be now listed for hearing on January 22. 

Earlier on July 12, the Apex Court had decided to examine the constitutional validity of the Socially and Educationally Backward Classes (SEBC) Act, 2018 granting reservation to Marathas in education and jobs in the state. The SEBC Act was enacted to grant reservation to the Maratha community people in jobs and admissions.

The top court, refused to stay the Bombay High Court order upholding the statute with some modifications. It had also made clear that the aspect of the HC verdict allowing the quota with a retrospective effect, from 2014, would not be made operational. The apex… Continue Reading...

Tagged: Constitutional Validity  
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