Lawstreet Journal

Supreme Court strikes down Maratha quota in excess of 50% ceiling limit as unconstitutional

Lawstreet Journal 8 May 2021 4:33pm

Image courtesy: Lawstreet Journal Judiciary Supreme Court strikes down Maratha quota in excess of 50% ceiling limit as unconstitutional

On Wednesday, 05 May 2021, a Constitution Bench of the Apex Court struck down the Maratha quota in excess of 50% ceiling limit as unconstitutional. The Court unanimously held that there were no exceptional circumstances that justified the grant of reservation to Marathas in excess of 50% ceiling limit as a Socially and Economically Backward Class.

A 5-Judge Bench comprising Justices Ashok Bhushan, L. Nageswara Rao, S. Abdul Nazeer, Hemant Gupta and S. Ravindra Bhat had reserved judgment in the case on March 26, 2021, after a consecutive hearing of 10 days. Justices Ashok Bhushan (for himself and Justice Nazeer), Nageswara Rao, Hemant Gupta and Ravindra Bhat delivered judgments in the case.

The Maharashtra SEBC Act 2018, provided 16% reservation for Marathas in jobs and education, after implementation of which, the reservation in Maharashtra became 68%. 

The bench held that the Maharashtra SEBC Act 2018, violated the principles of equality by considering Marathas as socially and economically backward class. 

It thus, struck down the reservation for Marathas in education and employment. However, the bench clarified that the judgment will not affect the PG Medical Admissions under Maratha quota made till 09.09.2020.

"We have found that no extraordinary circumstances were made out in granting separate reservation of Maratha Community by exceeding the 50% ceiling limit of reservation. The SEBC Act, 2018, violates the principle of equality as enshrined in Article 16. The exceeding of ceiling limit without there being any exceptional circumstances clearly violates Article 14 and 16 of the Constitution which makes the enactment ultra vires.… Continue Reading...

Tagged: Maratha Reservation Law  
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