New Delhi, Sept. 10, 2020: The Supreme Court Bench of the three judge has stayed the operation of the law enacted by the State of Maharashtra introducing Maratha Quota for admission in Educational Institutions and for appointments in the Public Services and posts, and has referred the issue to a Constitution Bench of 5 Judges as it involves interpretation of of the Constitution (102nd Amendment) Act, 2018.

The Supreme Court Bench headed by Justice L. Nageswara Rao, also comprising Justices Hemant Gupta and S. Ravindra Bhat, observed that the Maharashtra State Reservation (of Seats for admission in Educational Institutions in the State and for appointments in the Public Services and posts under the State) for Socially and Educationally Backward Classes (SEBC) Act, 2018, provides for 12% and 13% quota to the Maratha community in education and jobs respectively, violates 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%.

According to the applicants [who filed application seeking reference to larger bench], Articles 338-B and 342-A inserted by the Constitution (102nd Amendment) Act, 2018 fall for consideration of the Court for the first time and that there is a need for reconsideration of the judgment of this Court in Indra Sawhney v. Union of India , especially after the Constitution (103rd) Amendment, 2019 introduced certain changes to the Constitution of India.

While referring the matters to larger bench, the Court observed that - As the interpretation of the provisions inserted by the Constitution (102nd Amendment) Act, 2018 is a substantial question of law as to the interpretation of the Constitution of India, these Appeals are referred to a larger Bench. These matters shall be placed before Hon'ble The Chief Justice of India for suitable orders.

To grant interim order, the bench observed that the State of Maharashtra has not shown any extraordinary situation for providing reservations to Marathas in excess of 50 per cent rule expounded in Indra Sawhney judgment. Maratha community which comprises of 30 per cent of the population in the State of Maharashtra cannot be compared to marginalized sections of the society living in far flung and remote areas, it said.

News Courtesy:PIB | Hindu| DC | LE | LI | LO | IE | LL | PTI |ht | ET | UNI | DNA | FP | Jurist |IndToday|

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