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Maratha Reservation: SC issues notice to all states seeking response on 50% cap

according to the Constitution’s 102nd amendment stipulates that the reservation can only be granted, if a particular community is named in the list prepared by the President. This lead to the above decision.

Maratha Reservation: SC issues notice to all states seeking response on 50% cap
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The Supreme Court on Monday, March 8, issued notices to all state governments seeking their response on whether Maratha reservation could be allowed beyond the 50 per cent limit.

The apex court was hearing appeal filed against a judgment of the Bombay High Court upholding the validity of the Maharashtra State Reservation for Socially and Educationally Backward Classes (SEBC) Act.

However, according to the Constitution’s 102nd amendment stipulates that the reservation can only be granted, if a particular community is named in the list prepared by the President. This lead to the above decision.

A five-judge Bench comprising of Justices Ashok Bhushan, L Nageswara Rao, S Abdul Nazeer, Hemant Gupta and Ravindra Bhat issued formal notices to the states and posted the matter for hearing on March 15. The hearing will be held for 3 consecutive days.

Besides, the bench will also stipulate on the 1992 Supreme Court judgment in Indra Sawhney case, which caps the reservation to 50 per cent.

The issue of Maratha reservation is not limited to Maharashtra but in other states also the reservation has gone above 50 per cent. Some other states, including Karnataka and Tamil Nadu, have also crossed the 50 per cent reservation limit. Mukul Rohatgi pointed out to the Supreme Court that the limit has been exceeded due to the 10 per cent reservation given by the central government on economic criteria. He also demanded that such states be included for the hearing.

Meanwhile, the Attorney General took a dubious and shocking stance in the Supreme Court on whether the states have the right to create socially and educationally backward classes after the 102nd amendment of the Constitution. Ashok Chavan, Chairman of the Maratha Reservation Sub-Committee condemned the Centre’s role as very shocking and disappointing.

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