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Supreme Court And The 50% Limit On Reservations Published by GulteDesk March 15, 2021
The Supreme Court, while considering the validity of the reservation for the Maratha community in Maharashtra recently, decided that it will hear all the States on the 50 percent limit on total reservation imposed by the court in the Indra Sawhney case (1992).
The rationale for imposing 50 per cent rule is based on the relationship between affirmative action in the form of protective discrimination and the equality provisions of Indian Constitution. Vinay Sitapati in the section on reservation in The Oxford Handbook of The Indian Constitution (edited by Sujit Choudhary et al, 2016) terms this as one of balance between competing Constitutional principles of formal equality, social justice and efficiency.