TNPSC Thervupettagam

Supreme Court declares Maratha quota law unconstitutional

May 9 , 2021 1222 days 903 0
  • A five-judge Constitution Bench of the Supreme Court unanimously declared a Maharashtra law which provides reservation benefits to the Maratha community as unconstitutional.
  • This is because the particular community is taking the quota limit in the State in excess of 50%.
  • The Supreme court also states that the separate reservation for the Maratha community violates Articles 14 (right to equality) and 21 (due process of law).
  • The Supreme Court struck down the findings of the Justice N.G. Gaikwad Commission which led to the enactment of Maratha quota law.
  • The court also set aside the Bombay High Court judgment which validated the Maharashtra State Reservation for Socially and Educationally Backward Classes (SEBC) Act of 2018. 
  • The High Court in June 2019, reduced the quantum of reservation for Marathas from the 16% recommended by the Gaikwad Commission to 12% in education and 13% in employment.
  • The Supreme Court now concluded that even the reduced percentages of reservation granted by the High Court were ultra vires.

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