Lawstreet Journal

SC grants Stay on the Maratha Reservation Law that provides reservation to the Maratha community in fields of education and job

Lawstreet Journal 10 Sep 2020 7:52pm

Image courtesy: Lawstreet Journal Judiciary SC grants Stay on the Maratha Reservation Law that provides reservation to the Maratha community in fields of education and job

The Supreme Court on 9th September 2020 granted a stay on the Maratha Reservation Law of 2018 which granted reservation to the Maratha community in Maharashtra in fields of education and job. The 3-judge bench gave a stay on the operation of ‘Socially and Educationally Backward Classes, Act 2018’. 

The apex court ordered that there will be no further implementation of the act but the admissions which have already been taken place under this act will not constitute invalid. It said that it is a matter which should be dealt with by the larger bench which will be set-up by the Chief Justice of India Justice S.A Bobde. The three-judge bench comprised of Justice L Nageshwar Rao, Justice Hemant Gupta, and Justice S Ravindra Bhat said that the total quota now exceeds the cap of 50% set up by the court.

The Bombay High Court in 2019 stated that the Maratha quota of 16% reservation is not ‘justifiable’ but also said that the reservation should not exceed 12% in employment and 13% in the education as recommended by Backward Commission. This judgment of the Bombay High Court came in June 2019 and the plea in the Supreme Court was challenging the same. Since the Bombay High Court gave 12% reservation in the employment and 13% in the education in accordance with the Social and Educational Backward Classes (SEBC), Act, it violated the principle laid down in the case of Indira Sawhney v. Union of India; a benchmark case that sets grounds for… Continue Reading...


Tagged: Maharashtra Government   Maratha Reservation Law  
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