Lawstreet Journal

Supreme Court questions the continuation of reservation in jobs and education for generations to come

Lawstreet Journal 22 Mar 2021 10:20pm

Image courtesy: Lawstreet Journal Judiciary Supreme Court questions the continuation of reservation in jobs and education for generations to come

A constitutional bench of the Supreme Court on March 19, 2021, Friday questioned the persistence of reservations in jobs and education in the upcoming generations.

In relevance to the Maratha quota case, The bench further sought to know if the removal of 50% limit on reservation would affect the right to equality under as stated under Article 14 of the Constitution, further leading to a case of "resultant inequality". 

The Constitution Bench of the Supreme Court was holding the 5th day of hearing on the petitions challenging the Constitutionality of the Maharashtra State Reservation For Socially and Educationally Backward Classes (SEBC) Act which provides for a quota to Marathas in jobs and education. 

The pleas before the Constitution Bench challenges the Bombay High Court judgment passed in June 2019, and submits that the Socially and Educationally Backward Classes (SEBC) Act, 2018, which provides for 12% and 13% quota to the Maratha community in education and jobs respectively, violated the principles laid in the case of Indira Sawhney v. Union of India (1992) as per which the Apex Court capped the reservation limit at 50%.

The Bombay High Court, while upholding the Maratha quota, held that 16% reservation is not justifiable and ruled that reservation should not exceed 12% in employment and 13% in education as recommended by the State Backward Commission.

With Senior Advocate Rohatgi contending that the Indra Sawhney-imposed 50 percent limit on reservations has undergone a change through subsequent Constitutional amendments and case-laws and that States must now be permitted to re-assess the limit of reservations… Continue Reading...


Tagged: Supreme Court of India  
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