SC strikes down Maratha quota, no review of 50 pc ceiling

The Supreme Court on Wednesday quashed the 2018 law framed by the Maharashtra government to give reservation to the Maratha community, ruling the state could not have breached 50% ceiling on quota. The constitution bench also declined to consider scrapping the 50% ceiling on reservations in educational institutions and jobs by reviewing a legal precedent that has, for three decades now, held the ceiling as inviolable. A batch of petitions challenging the Bombay High Court verdict which had upheld the grant of reservation to Marathas in admissions and government jobs in the state was challenged in the Supreme Court.

The five-judge bench, headed by justice Ashok Bhushan, held that the law providing for quota to the Maratha community beyond 50% violated equality and that the state failed to show any extraordinary reason why Marathas should be considered as socially and economically backward class. The bench also upheld the validity of the 102nd constitutional amendment and ruled that the Centre alone has the power to determine socially & educationally backward classes (SEBCs). It underlined that states can’t have a separate list of SEBCs and the power is only with the President to notify the list of SEBCs. In determination of SEBCs, the President shall be guided by the National Commission on Backward Classes. Other members of the five-judge bench are justices L Nageswara Rao, S Abdul Nazeer, Hemant Gupta and S Ravindra Bhat.

The BJP blamed the Shiv Sena-led Maharashtra government for "failing" to convince the Supreme Court over the issue of reservation for the Maratha community in jobs and education. State BJP president Chandrakant Patil demanded that the state government call an all-party meeting and a special session of the Assembly to discuss the issue. Leader of Opposition in the state Legislative Council Pravin Darekar said the decision has come as a "complete disappointment" for the Maratha community. "The law, cleared by both Houses of the state Legislature and upheld by the Bombay High Court, was struck down only because of this state government, he said.