Lawstreet Journal

Apex Court upholds 50% cap on reservations in educational institutions and government jobs

Lawstreet Journal 26 May 2021 12:00am

Image courtesy: Lawstreet Journal Judiciary Apex Court upholds 50% cap on reservations in educational institutions and government jobs

On May 5th 2021,  the Apex court delivered a landmark verdict that may go a long way in keeping a check on the ever-augmenting appetite of a majority of political class to appease some sections of the society or the ‘vote banks’ for political gains. In a landmark judgement, a five judge Constitutional Bench of Supreme court upheld the 50% cap on reservations in educational institutions and government jobs and scrapped the validity of Maharashtra’s “unsustainable” 2018 Maratha quota that breached the inviolable 50% limit.

The Apex court denied the reexamination of its 1992 judgement, which put a bar of 50% on quota after turning down the plea made by many states that the ceiling be scrapped and they be allowed to grant reservation in excess to maximum limit as a consequence of “modified social dynamics”. The essence of the 1992 Indra Sawhney judgement by nine judge Constitutional Bench was that the 50% ceiling, which the Times of India editorial teamed as Lakshman Rekha is sacrosanct unless an extraordinary case is made out. This judgement may have a far-reaching result on similar decisions taken by many other state governments besides on the reservation to economically weaker sections (EWS), which additionally breaches the 50% rule.

Important elements of the judgement

The constitution bench Chaired by justices Mr. Ashok Bhushan, Mr. L. Nageswara Rao, Mr., S. Abdul Nazeer, Mr. Hemant Gupta and Mr. S. Ravindra Bhat, unanimously agreed that the cap on reservation in accordance with the 1992 “which has stood… Continue Reading...


Tagged: Supreme Court of India  
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