Today, the Supreme Court has declared the Maratha reservation unconstitutional.
Mumbai: The Supreme Court today declared the Maratha reservation unconstitutional. The Supreme Court clarified that there is no need to give reservation to the Maratha community. The Supreme Court clarified in its decision that more than 50 per cent reservation is not constitutional. The court said that the reservation of more than fifty per cent is like setting an example of reverse discrimination.
Following the 1992 hearing in the Indira Sahni case, the Supreme Court has also ruled out the need to amend its decision. In this decision, the Supreme Court had fixed the minimum limit of reservation at 50 per cent. That is, less than fifty per cent reservation can be given, not above it.
Which three things are denied?
- The court agreed that there is no need to give reservation to the people of Maratha community. This society cannot be called educationally and socially backward. There is no constitutional basis for breaking the 50% limit when applying Maratha reservation.
- The Supreme Court clarified that there is no need to reconsider the decision in the Indira Sahni case. There is no emergency situation in Maharashtra that will have to face Maratha reservation. Also, under this decision, it will not affect the people who have entered PG Medical from Maratha quota till September 9, 2020.
- In this decision, the court clarified that the states do not have the right to include any caste in the socio-economic backward class. The court said the state could identify such castes and recommend them to the Center. According to the instructions of the National Backward Classes Commission, only the President can include any caste in the list of socio-economic backward classes.
Rejection of Gaikwad Committee’s recommendation
The Gaikwad committee’s recommendation has also been rejected by the Supreme Court. In this, the Maratha community was considered socially and educationally backward, on the basis of which the Devendra Fadnavis government had given 16 per cent reservation in education and employment to the Maratha community, but now it has been maintained with some improvements.
But the Supreme Court clarified that the Maratha community is backward, it does not prove. On this basis, the reservation given by the Devendra Fadnavis government to the Maratha community could not be sustained in the Supreme Court and the Supreme Court clarified that the recommendation of the Gaikwad Committee was not acceptable. Therefore, the reservation given by the state government to the Maratha community has been canceled.