SC to hear plea against Maratha reservation next week; judge insists on day-to-day hearing

Hearing the petitions challenging Constitutional validity of Maratha reservation in Maharashtra, the Supreme Court has listed the matter on July 15, and a three-judge bench led by Justice LN Rao expressed an inclination to hear the case on “day-to-day basis”. The SC bench has directed the parties to submit written responses and specify the time each Counsel will take to argue their points. However, Senior Advocate Shyam Divan insisted on a physical court hearing and not a virtual even as Coronavirus cases are on the rise. In response, Justice Rao said that the time is not prudent and neither is the assembling of a 5-judge bench physically possible, adding that petitions to consider interim orders.

Uddhav's Maharashtra govt working to defend Maratha quota in SC; Ashok Chavan chairs meet

SC refuses to stay Bombay HC order

Earlier in February, the Supreme Court had refused to stay the Bombay High Court order upholding a Maratha reservation law. A bench of Justices L Nageswara Rao and Deepak Gupta said the matter has been pending for long and required detailed hearing. 

The apex court had on July 12, 2019, decided to examine the constitutional validity of a Maharashtra law granting reservation for Marathas in education and jobs, but refused to stay the Bombay High Court order upholding the statute with some modifications. The apex court said, however, that the aspect of the HC verdict allowing the quota with a retrospective effect, from 2014, would not be made operational. The bench was hearing five petitions including those filed by J Laxman Rao Patil and lawyer Sanjeet Shukla challenging the high court order which upheld the constitutional validity of the quota. 

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Bombay HC upholds Maratha reservation

In June 2019, after a year of Maratha agitation, the Maharashtra Legislative State Assembly passed the amendment in the Socially Economically Backward Class Act including 16% reservation in universities and government jobs. The Bombay High Court upheld the decision but reduced the quantum to of the reservation to 12% and 13% for social (jobs) and educational purposes.

The Bombay High Court, in its June 27, 2019 order, had said the 50-per cent cap on total reservations imposed by the Supreme Court could be exceeded in exceptional circumstances. However, it had accepted the Maharashtra government's argument that the Maratha community was socially and educationally backward, and it was duty-bound to take steps for its progress.

This brought the total reservation in Maharashtra up to 72% along with the Economically weaker section (in general category) reservation of 10%, passed by the Modi government. The Maratha community accounts for roughly a third of Maharashtra's population, and is politically dominant.

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