SC QUASHED MARATHA RESERVATIONS IN GOVERNMENT JOBS AND EDUCATION EXCEEDING 50%

5th May 2021

A 5-judge bench of SC comprising of Justices Ashok Bhushan, L Nageshwara Rao, S Abdul Nazeer, Hemant Gupta and S Ravindra Bhat cancelled the Maharashtra government's 2018 move to grant reservations to the Maratha community in government jobs and education. The SC quashed the Maratha reservations that breach the 50% ceiling of reservation imposed by SC in a landmark case of 1992. The Bench was hearing several petitions challenging the Maharashtra State Reservation for socially and educationally Backward Classes Act, 2018.

The Bench said that neither the HC nor the Gaikwad commission said anything regarding exceeding the 50% ceiling for reservations. They further said that there is no need to revisit the Indira Sawhney judgment as it has been repeatedly used and referred by this court. Thereafter, the SC bench struck down the amendment that held the Marathas as socially and economically backward classes.

The court also said that the verdict would not apply or affect the admissions of postgraduate medical course till September 2020.

In 2018, the BJP government of Maharashtra approved 16% reservation for Maratha in the education and job sector. This was moved to Bombay HC, the Bombay HC stated that 16% reservation was not justifiable and directed the state to reduce the quota to 12-13%. It was challenged before the SC and the SC issued notices to other states seeking their response. Around six states agreed to increase the cap. 

Author: Papiha Ghoshal