Centre only can identify, include a community in SEBC list: SC
By IANS |
Published on
Wed, May 5 2021 22:57 IST |
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Supreme Court. (File Photo: IANS). Image Source: IANS News
New Delhi, May 5 : The Supreme Court on Wednesday said after the insertion of Article 342A in the Constitution, the Centre alone is empowered to identify Socially and Economically Backward Class (SEBC).
It emphasised that the Centre could include a community in a list, which is supposed to be published under Article 342A (1), specifying the SEBCs in each state and Union Territory. By introduction of Articles 366 (26C) and 342A through the 102nd Constitution Amendment of India, the President alone, to the exclusion of all other authorities, is empowered to identify SEBCs and include them in a list to be published under Article 342A (1), which shall be deemed to include SEBCs in relation to each state and Union Territory for the purposes of the Constitution, it held.
SC strikes down Maratha reservation law, rules out review of 50% cap on quota
By IANS |
Published on
Wed, May 5 2021 22:06 IST |
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Supreme Court of India. (Photo Courtesy: Twitter). Image Source: IANS News
New Delhi, May 5 : In a major decision, the Supreme Court on Wednesday termed the 2018 Maharashtra law, providing reservations to Marathas in jobs and education, as unconstitutional, and struck it down for violating the 50 per cent cap on quota and the fundamental right to equality.
A five-judge Constitution bench, by a unanimous view, also ruled out any need to reconsider the 1992 nine-judge bench judgement in Indra Sawhney (Mandal Commission) case, which fixed 50 per cent ceiling on reservation. We have found that no extraordinary circumstances were made out in granting separate reservation of Maratha community by exceeding the 50 per cent ceiling limit of reservation, the top court noted.
Maratha community members demonstrate in support of SEBC quota in Aurangabad (File photo)
In a setback to the Maharashtra government, the Supreme Court on Wednesday declared the state law to grant reservation to Maratha community as unconstitutional and held that the community is not socially and educationally backward to be eligible to be brought within the ambit of affirmative action.
A five-judge Constitution bench of Justices Ashok Bhushan, L Nageswara Rao, S Abdul Nazeer, Hemant Gupta and S Ravindra Bhat was unanimous in its view on the unconstitutionality of the law and quashed it on various grounds, including breaching of the 50% quota rule.
NEW DELHI: The Supreme Court on Wednesday refused to re-examine its 1992 verdict, which put a cap of 50% on quota, turning down the plea made by various states that the ceiling fixed by court be scrapped and they be allowed to grant reservation beyond it.
A five-judge Constitution bench said that its three decade-old verdict in the Indra Sawhney case has stood the test of time and rejected the plea of states that 50% ceiling needed to be relaxed due to changed social dynamics.
The bench, comprising Justices Ashok Bhushan, L Nageswara Rao, S Abdul Nazeer, Hemant Gupta and S Ravindra Bhat, unanimously decided that the cap on reservation was fixed to achieve principle of equality and with an object to strike a balance which cannot be said to be arbitrary or unreasonable .