Tuesday, April 13, 2021
Home Politics Bombay High Court upholds Maratha reservation as constitutional, directs state govt to reduce cap

Bombay High Court upholds Maratha reservation as constitutional, directs state govt to reduce cap

The court observed that the 50% ceiling could be exceeded under exceptional and extraordinary circumstances and the reservation was based on justifiable data submitted by Gaikwad Commission.

The Bombay High Court today upheld the Maratha Reservation by declaring the State Reservation (of Seats for Admission in Educational Institutions in the State and for Appointments to the Posts in Public Services under the State) for Socially and Educationally Backward Category Act, 2018 (SEBC Act) as constitutional. The Act was passed by the State Legislative Assembly on 29th November 2018 granting 16 % reservation to Marathas.

A Division Bench of Justices Ranjit More and Bharti Dangre today upheld the validity of the SEBC Act which was enacted on the recommendations of the State Commission for Backward Classes headed by retired judge Justice MG Gaikwad constituted under the Maharashtra State Backward Classes Commission Act, 2005.

Several petitions were filed against the SEBC Act and the Gaikwad Commission report on the ground that the 16% reservation granted to Marathas violated the 50 % cap prescribed by the Supreme Court in the landmark case of Indira Sawhney v Union of India.

The court observed that the 50% ceiling could be exceeded under exceptional and extraordinary circumstances and the reservation was based on justifiable data submitted by Gaikwad Commission. However, the court has asked the state to cap the reservations at 12% for jobs and 13% at educational institutions.

It was the contention of the petitioners that the Supreme Court judgments mandate the lists to be revised every ten years so that the classes that cease to be backward classes can be excluded and new classes can be added. The petitioners argued that the State government passed the SEBC Act on the basis of unqualified data and without revising the list in the light of the provisions of the existing list of backward classes. They also questioned the Gaikwad Commission report contending that it failed to follow the mandate in Indira Sawhney case and the Mandal Commission report.

Senior Advocate Arvind Datar who appeared on behalf of one of the petitioners argued that the Act was in violation of Articles 15 and 16 of the Constitution. He contended that only the President can notify or de-notify a list of backward classes whether at the Centre or in the State.

The insertion of Articles 342A and 366(26) in the Constitution through the 102nd Amendment Act, 2018 had vested the power to identify and specify the socially and educationally backward classes with the President and the Parliament. The ACt, therefore, stood repealed in the light of the 102nd Amendment Act.

However, the court rejected the arguments and held that the State government’s competence to enact the law is not affected by the Amendment.

  Support Us  

Whether NDTV or 'The Wire', they never have to worry about funds. In name of saving democracy, they get money from various sources. We need your support to fight them. Please contribute whatever you can afford

OpIndia Staffhttps://www.opindia.com
Staff reporter at OpIndia

Related Articles

Trending now

Constant ‘beheading’ threats by Islamists: Hindus come out in large numbers to support Yati Narsinghanand Saraswati, demand security for him

Enraged by the Muslim politicians and religious groups openly issuing death threats, Hindus come together to support Yati Narsinghanand Saraswati.

Here’s why lockdown is no longer an option and imposing another at this point makes no sense at all

Not imposing a lockdown may be a bad choice but imposing it to combat Covid-19 will prove to be infinitely worse.

Japan to release treated water from Fukushima nuclear plant into the ocean: USA, IAEA support, China condemns

Japan has long delayed the decision to dispose of the wastewater from the Fukushima Daiichi nuclear plant over criticisms and safety concerns.

The direct fall-out of not implementing farm laws: Punjab Farmers say Arhtiyas asking for signed blank cheques for helping in crop procurement

Farmers across Punjab are being told by their arhtiyas to furnish "signed blank cheques" if they want to get their produce auctioned in the mandis

What happened in Chhabra after Hindu man was stabbed by Muslim men: Call for peace, attack on a Hindu the next day and more

On April 12, the administration extended curfew for one more day at Chhabra, Baran district in Rajasthan after the communal riot

Uttar Pradesh: Gyanvapi mosque management committee seeks a stay on ASI survey, Sunni board supports them

The Gyanvapi mosque management committee had filed an urgent petition in Allahabad High Court seeking a stay on ASI survey of Gyanvapi mosque complex.

Recently Popular

Pfizer wanted Brazil, Argentina to put military bases, Federal reserve as collateral: Why India kept Pfizer away and how the usual suspects are wrong

Pfizer has been accused of countries in Latin America of pledging their sovereign assets, military bases and financial reserves to protect itself from any adverse fallout of the vaccine

After explosive Clubhouse confessions, Prashant Kishor starts building ground to blame only Mamata Banerjee if Bengal is lost: Here’s how

While trying to fire-fight fall-out from Clubhouse conversation, Prashant Kishor has set narrative to blame Mamata Banerjee and TMC for West Bengal loss

Attempts to draw false equivalence between the Kumbh Mela and Tablighi Jamaat congregation do not make sense: Here’s why

Attempts are being made to draw false equivalences between the Kumbh Mela and the Tablighi Jamaat congregation last year.

India has to become a ‘Hindu Rashtra’, or it will be turned into an Islamic nation by 2030: Kerala MLA

"Can we let this nation (go) to any particular community? This needs to be discussed. Somebody has to speak up," PC George emphasised.

Shops burnt, stones pelted on police in Baran, Rajasthan after 3 Muslim men stabbed one Kamal Singh: What we know so far

Shops burnt, police personnel injured, stone pelting, fire department vehicles attacked in Chhabra, Rajasthan.

OpIndia Exclusive: Tata Communications suffers data leak, hackers claim to have sold access to company’s servers, over 50GB data still up for sale

As per two posts by hackers on a hackers' forum, they have gained access to Tata Communications servers and sold them.
- Advertisement -


Connect with us