Supreme Court declares Maratha quota law unconstitutional
May 9 , 2021 1222 days 901 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.