A five-judge Constitution Bench of the Supreme Court of India on May 5, 2021 struck down the Maharashtra law granting reservation to the Maratha community in admissions and government jobs in the state.
Indra Sawhney v Union of India case
- In a unanimous opinion, the court also held that there is no need to revisit the Indra Sawhney v Union of India case. The court said that the 50% ceiling, although an arbitrary determination by the court in 1992, is now constitutionally recognised.
- In the Indra Sawhney v Union of India case, the court had said that this 50 per cent limit will apply unless in “exceptional circumstances.”
Marathas are not backward
- The apex court also rejected the Maharashtra argument that the population of backward class is 85 per cent and reservation limit is only 50 per cent, an increase in reservation limit would qualify as an extraordinary circumstance.
- The court said, the Marathas are dominant forward class and are in the main stream of National life. The above situation is not an extra-ordinary.
102nd Amendment
- The Constitution (102nd Amendment) Act, 2018 gives constitutional status to the National Backward Classes Commission. The Amendment also gives the President powers to notify backward classes. The Supreme Court also upheld this amendment.
- The Supreme Court held that “the final say in regard to inclusion or exclusion (or modification of lists) of SEBCs (socially and economically backward classes) is firstly with the President, and thereafter, in case of modification or exclusion from the lists initially published, with the Parliament.
