[Breaking] SC Refers Maratha Reservation Matter To Larger Bench, No Appointments/Admissions In Maratha Quota Now

A 3-Judge Bench of the Supreme Court has stayed the operation of the Socially and Educationally Backward Classes Act, 2018, which granted Maratha quota, and has referred the issue to a Constitution Bench of 5 Judges or more for final adjudication.The Bench comprising of Justices L. Nageswara Rao, Hemant Gupta and S. Ravindra Bhat further held that no appointments or admissions shall be made under the impugned Act for the year 2020-2021. However, the Post-Graduate admissions that have taken place till date shall remain unaltered. Further, the matter shall be placed before the Chief Justice of India for the necessary orders pertaining to the issue of whether States can exceed the cap of 50% reservation as per the judgement of Indra Sawhney. In the previous hearing, the Supreme Court had heard arguments with respect to reference to an 11-Judge Bench of the issue pertaining to whether the State had the power to exceed the 50% reservation cap, as dictated by a 9-Judge Bench in the case of Indra Sawhney, and had proceeded to reserve the judgment.The plea, challenging the Bombay High Court judgment passed in June 2019, submit that the Socially and Educationally Backward Classes (SEBC) Act, 2018, which 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%.The Bombay High Court, while upholding the Maratha quota, held that 16% reservation is not justifiable and ruled that reservation should not exceed 12% in employment and 13% in education as recommended by Backward Commission.SC Refers Maratha Quota Case To Larger Bench As It Involves Interpretation Of Constitution (102nd Amendment) Act, 2018 [Read Order]Arguments regarding whether an interim order could be passed by the Bench had also taken place. A Bench of Justices L. Nageswara Rao, Hemant Gupta and S. Ravindra Bhat heard the matter as Senior Advocates Mukul Rohatgi, Kapil Sibal, Dr. Abhishek Manu Singhvi and Chander Uday Singh submitted their Rejoinder arguments in favour of the reference.Senior Advocate Mukul Rohatgi had commenced his arguments by submitting to the Court that the Mandal Commission's report itself stated that there was a need for a review after a period of 20 years. However, 30 years had already gone by.Rohatgi had further submitted that the Indra Sawhney judgement only dealt with Articles 15(4) and 16(4) of the Constitution of India, and Articles 15(5) and 16(5) had not been considered. Additionally, interpretation of Articles 15(6) and 16(6) was now before the Constitution Bench and therefore, the instant matter should be tagged with that."It is not appropriate for this case to be decided without that case being heard. So, it's better if this case is tagged with that one", submitted Rohatgi.The impact of Articles 338B and 342A on Articles 15 and 16 was also raised as Rohatgi informed the Bench that the same had not been considered in Indra Sawhney. He further shed a light on the submission of Senior Advocate Arvind Datar who had argued for the instant matter being heard before the issue of reference was considered."A surprising submission was made by Datar in this matter. He said that the Court cannot refer this matter if the Court does not start hearing it. I don't know what that is supposed to mean! Any type of case which comes before the Court, if the Bench feels at any stage, even while issuing notice, that the matter can be referred, they can do so. My friend was wrong in his submission", stated Rohatgi.In order to buttress this submission, Rohatgi had referred to the proviso of Article 145(3) and averred that it is settled law that the proviso and the main part of a provision must be construed together, and when the same is done in a wholesome manner, it becomes clear that the Bench can refer the issue at any stage.Rohatgi continued, "Provisos cannot be read in isolation without the main provision. It is an emphasis of Article 145."He also brought the contention that majority of States had already breached the 50% limit and therefore, the instant order would have significant ramifications. Further, as the Constitution had itself breached the limit, then the only question that remained was the tagging of the instant matter with the one before the Constitution Bench.7Rohatgi had concluded his arguments by stating that the issues of caste, reservation and poverty were all linked and therefore, had to be decided together as it was no longer a mere lis between just two parties.Senior Advocate Kapil Sibal then began his submissions by informing the Court that the 50% limit was breached when constituent power was exercised by the Parliament. Further, the 9-Judge Bench in Indira Sawhney had kept the limit as exceeding 50% would have breached the Equality Clause, which was a part of basic structure."The Parliament has already breached the limit. When the...

[Breaking] SC Refers Maratha Reservation Matter To Larger Bench, No Appointments/Admissions In Maratha Quota Now

Radhika Roy

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