Maratha Reservation Law Struck Down
Source : Indian Express
GS II : Structure, organisation and functioning of the Executive and the Judiciary Ministries and Departments of the Government; pressure groups and formal/informal associations and their role in the Polity

Why in News ?

Maratha Reservation Law Struck Down. The Supreme Court struck down the provisions of a Maharashtra law providing reservation to the Maratha community.

• This quota took the total quota in the state above the 50 per cent ceiling set by the court in its 1992 Indra Sawhney (Mandal) judgment.

Background

• Judgment came on petitions challenging the June 27, 2019 order of the Bombay High Court upholding the constitutional validity of the Maharashtra State Reservation.
• Its is for seats of admission in educational institutions in the State and for appointments in the public services and posts under the State for Socially and Educationally Backward Classes (SEBC) Act, 2018.

Key Facts

• The 50% rule is to fulfill the objective of equality as en-grafted in Article 14 of which Articles 15 and 16 are facets.
• To change the 50% limit is to have a society which is not founded on equality but based on caste rule.
• If the reservation goes above 50% limit it will be slippery slope the political pressure make it hardly to reduce the same.
• The findings of the Indra Sawhney judgment that reservation should not exceed 50 per cent unless extra ordinary circumstances for which extreme caution is to be exercised.
  • Opinion that the cap on percentage of reservation as has been laid down in Sawhney is with the object of striking a balance between the rights under Article 15(1) and 15(4) as well as Articles 16(1) and 16(4) which cannot be said to be arbitrary or unreasonable.”
• It rejected demands to revisit the verdict, or to refer it to a larger Bench for reconsideration.
• Other observations made by the Court
  • Providing reservation for advancement of any socially and educationally backward class in public services is not the only means and method for improving the welfare of backward class
  • The State ought to bring other measures including providing educational facilities to the members of backward class free of cost giving concession in fee, providing opportunities for skill development to enable the candidates from the backward class to be self-reliant.
• The Constitution (Eighty-first Amendment) Act, 2000 by which sub-clause (4B) was inserted in Article 16 makes it clear that ceiling of 50% has now received constitutional recognition.
• The SC also upheld the 102nd Constitution amendment, saying it does not violate the basic structure of the Constitution.

102nd Constitution amendment Act of 2018 inserted Articles 338B : Deals with the structure, duties and powers of the National Commission for Backward Classes(NCBC).
Article 342A: deals with power of the President to notify a particular caste as Socially and Educationally Backward(SEBC) and power of Parliament to change the list.

• Admissions to medical, engineering, and other streams which were completed after the HC decision, as well as appointments given to the members of the Maratha community in public services after the HC judgment until September 9, 2020 too are saved.

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