Maratha quota law
GS PAPER II: Functions and Responsibilities of the Union and the States, Issues and Challenges Pertaining to the Federal Structure, Devolution of Powers and Finances up to Local Levels and Challenges Therein.
Context: SC declares Maratha quota law unconstitutional.
More about news:
- The five-judge Constitution Bench led by Justice Ashok Bhushan of Supreme Court declared the Maratha quota law as unconstitutional.
- It concluded that there was no "extraordinary situation" or "exceptional situation", which required the Maharashtra government to break the 50% ceiling limit to bestow quota benefits on the Maratha community.
- The Bench also struck down the findings of J. Gaikwad Commission which led to the enactment of Maratha quota law.
- It held that a separate reservation for the Maratha community violates Articles 14 (right to equality) 21 (due process of law).
- The five-judge Bench unanimously agreed that there was no need to re-visit the 1992 Indira Sawhney judgment, which fixed the reservation limit at 50%.
- The judgment has been upheld by at least four Constitution Benches. Ratio of Indira Sawhney judgment fully applicable to Article 15.
- All appointments made under the Maratha quota following the Bombay HC judgment endorsing the State law will hold, but they will get no further benefits. Students already admitted under the Maratha quota law will continue to get the benefits.
- Those students who have been admitted to postgraduate courses will not be affected since they have not been given reservation.
102nd Constitution Amendment Act
- Justice Bhat held that only the President can make changes to the Central List of socially and educationally backward classes based on data given from various sources, including the National Commission for Backward Classes.
- The States can only make suggestions. The final exercise of including castes and communities is done by the President alone.
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