Updated Mar 15, 2021 | 12:07 IST
Maharashtra reservation: SC to resume day-to-day hearing on petitions challenging the Bombay High Court judgement passed in June 2019. Maratha quota: SC to resume hearing pleas challenging SEBC Act today
Mumbai: A constitution bench of the Supreme Court will on Monday recommence the day-to-day hearing in the matter challenging the Maharashtra State Reservation for Socially and Educationally Backward Classes Act for providing educational and employment reservation to the Marathas.
The top court will also examine whether Indra Sawhney s judgment could be referred to a larger bench in view of the subsequent constitutional amendments and the socio-economic changes that have followed.
DECCAN CHRONICLE.
Updated Mar 11, 2021, 4:20 am IST
Reservation is essentially a political question; its legal aspects are addressed by Article 15 (4) of the Constitution
The court will get the opinion of the state governments based on the position of the parties that run them. (Photo: PTI)
The Supreme Court has decided to open up the issue of capping the percentage of reservation in government jobs at 50 per cent and whether legislatures are competent to declare a particular caste to be socially and educationally backward. It has sought the opinion of the states on the issue.
The court struck on the idea while hearing a petition on the legal validity of the Maharashtra Socially and Educationally Backward Classes Act, 2018, which granted 16 per cent reservation to people of the Maratha community in jobs and admissions. The Supreme Court said it would also hear arguments on whether the landmark Mandal verdict, which capped the quota at 50 per cent, should be re-looked at an
50 per cent quota cap could be up for review as SC seeks Centre s response
The ceiling was imposed by a nine-judge Constitution Bench in the Indira Sahwney case in 1992, also called the Mandal verdict.
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| A+A A- By Express News Service
NEW DELHI: Almost 30 years after it applied a 50% cap on reservation, the Supreme Court on Monday sought responses from all states on whether the ruling needs to be revisited.
The ceiling was imposed by a nine-judge Constitution Bench in the Indira Sahwney case in 1992, also called the Mandal verdict.
States were also asked to respond to a 2018 Constitution (102nd Amendment) Act, which gave constitutional recognition to National Commission for Backward Classes. Article 342A was introduced via the amendment, through which the competence of states to make laws on reservation for backward classes was taken away.
SC seeks response from states on 50% cap for reservation
Senior lawyers Mukul Rohatgi, Abhishek Singhvi and Kapil Sibal told the apex court that the issue will affect not only Maharashtra but all other states, and hence they should be heard on the issue.
BusinessToday.In | March 8, 2021 | Updated 16:08 IST
An order by the Supreme Court in 1992 had laid a cap of 50 per cent on reservation for SC/STs and backward castes for education and employment.
The Supreme Court on Monday sought responses from state governments on allowing over 50 per cent reservation for scheduled castes/scheduled tribes (SC/ST) and other backward class (OBC) for education and employment.