Supreme Court to Hear Maharashtra Government’s Curative Petition on Maratha Reservation

Supreme Court to Hear Maharashtra Government’s Curative Petition on Maratha Reservation
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The Supreme Court has announced that it will be hearing a curative petition filed by the Maharashtra government on January 24. The petition challenges the constitutionality of the Maratha reservation law, which was deemed unconstitutional in a May 5, 2021 judgment by the Supreme Court. In the judgment, the court struck down reservations for the Maratha community in colleges, higher educational institutions, and jobs. The Maharashtra government had previously filed a review petition, which was dismissed by the Supreme Court on June 23, 2021. Following this dismissal, the curative petition was filed as a last-chance option for the Maharashtra government. The top court had held, in a majority view, that the power to identify socially and educationally backward classes for reservation benefits lies with the central government. It also refused to reexamine its 1992 Indira Sawhney verdict, which set the ceiling limit for reservations at 50 percent. The Supreme Court also struck down the findings of the Justice NG Gaikwad Commission, which led to the enactment of the Maratha quota law, and set aside the Bombay High Court verdict that had validated the Maharashtra State Reservation for Socially and Educationally Backward Classes Act of 2018. The High Court had reduced the quantum of reservation for Marathas from the 16 percent recommended by the Gaikwad Commission to 12 percent in education and 13 percent in employment. However, the Supreme Court deemed even these reduced percentages ultra vires. The apex court held that a separate reservation for the Maratha community violates Article 14 (right to equality) and Article 21 (due process of law).

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TIS Staff

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