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BREAKING : Supreme Court To Pronounce Judgment In Pleas Challenging Maratha Quota Tomorrow

LIVELAW NEWS NETWORK
4 May 2021 3:55 PM GMT
BREAKING : Supreme Court To Pronounce Judgment In Pleas Challenging Maratha Quota Tomorrow
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A Constitution Bench of the Supreme Court will pronounce judgement tomorrow in a batch of pleas challenging the Maharashtra SEBC Act, 2018, which provides for reservation for Marathas in jobs and education.

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 after a consecutive hearing of 10 days.

As per the causelist, Justices Ashok Bhushan, Nageswara Rao, Hemant Gupta and Ravindra Bhat have written judgments in the case.

The pleas before the Constitution Bench challenges the Bombay High Court judgment passed in June 2019, and submits 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, violated 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 the State Backward Commission.

On September 9, 2020, a three-judge Bench of the Supreme Court referred the cases to a larger Bench to determine the issue whether State Government has the power to declare a class as Socially and Economically Backward after the Constitution (102nd) amendment.
While referring the case to larger bench, the 3-judge bench also stayed the operation of Maratha reservations.




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