Sharad Pawar hints at ordinance route to override SC's stay on Maratha reservation

In a massive development on Friday, NCP supremo Sharad Pawar hinted that Maharashtra government might bring in an ordinance to override Supreme Court order on Maratha reservation. On September 9, apex court bench comprising Justices L Nswara Rao, Hemant Gupta and S Ravindra Bhat directed a stay on Maratha reservation in public employment and educational institutions.  appeals against Bombay High Court's verdict upholding  constitutional validity of  Socially and Educationally Backward Classes Act, 2018 have been referred to a larger bench.

While ackwledging that he had t studied issue through a legal prism, Pawar asserted that ordinance was a feasible option. He also disputed tion that Centre had a different stand on issue, citing Parliament's pass of 10% reservation for Ecomically Weaker Sections in general category. This quota is above 50% reservation ceiling. NCP chief contended that SC should have taken a decision based on this latest precedent set by Parliament. 

On stay on Maratha reservation, NCP chief Sharad Pawar remarked, "I think that state government has decided to come up with an ordinance. I have t examined it through legal prism. In my understanding of law, an ordinance can be an option." 

He added, "I don’t think re is any difference between Centre and state on this issue. In Parliament, we have enacted a law mandating a 10% reservation for EWS above 50% reservation ceiling. expectation was that court would take a different decision taking into account Parliament’s action." 

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SC's prima facie observations

In  SEBC Act which came into force on vember 30, 2018, Maratha community has been declared as a 'Socially and Educational Backward Class'. Bombay HC judgment reduced quantum of Maratha reservation to 12% in educational institutions and 13% in public employment. On Wednesday, SC has prima facie held that Maharashtra government has t shown any "extraordinary situation" for providing reservation to Marathas. Maintaining that 50% reservation ceiling could be relaxed only in extraordinary situations, it added that Maratha community comprising 30% of Maharashtra's population could t be compared to marginalized sections of society living in remote areas of state.

Moreover, SC prima facie observed that Bombay HC had committed an error in treating certain circumstances as "extraordinary", justifying relaxation of reservation ceiling. bench also said that implementation of SEBC Act for admissions and appointments during pendency of appeals will cause "irreparable loss" to candidates belonging to open category. In view of this, it ruled that admission to educational institutions for academic year 2020-21 and appointments to posts under government will be made without references to reservations provided in Act. 

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