Reservation beyond 50% mark? Supreme Court notice to states seeking views on quota above current limit

By: |
March 8, 2021 2:21 PM

Last year in September, the apex court had stayed the implementation of the law but made it clear that status of those who had availed of the benefits would not be disturbed.

Supreme Court of India

 

Maratha reservation hearing: The Supreme Court on Monday issued notice to all the State governments, seeking their response on whether reservation could be allowed the current limit of 50 per cent. The court today heard a batch of pleas pertaining to the 2018 Maharashtra law granting reservation to Marathas in education and jobs. During the hearing, senior advocate Mukul Rohatgi today said that reservation issue involves interpretation of Article 342-A and will affect every State. That is why, he said, he had filed an application that every State will have to be heard. Rohatgi said that the reservation issue cannot be decided appropriately without hearing every State.

To this, the five-judge bench said that it will hear everybody. Kapil Sibal concurred with Rohatgi and said the reservation issue involved Constitutional questions affecting all States and that the court should not decide the case by hearing only the Centre and Maharashtra. Attorney General KK Venugopal also made a similar argument and said that interpretation of Article 342A will impact the powers of each and every State.

Hearing these arguments, the Court said that it will hear the States so that no prejudice is caused to them. “We accept submissions of Mr Rohatgi, Sibal and Dr Singhvi. We will issue notice to all States today through Standing counsel and adjourn matter,” Justice Ashok Bhushan was quoted as saying by Bar And Bench. The Court will recommence the day-to-day hearing in the matter on March 15.

Last year in September, the apex court had stayed the implementation of the law but made it clear that status of those who had availed of the benefits would not be disturbed.

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