SC hears arguments on reservation; bench asked to refer case to larger bench

The Supreme Court on Wednesday heard arguments with respect to the reference of the issue pertaining to whether the State had the power to exceed the 50% reservation cap fixed in 1992 by a nine-judge SC bench. A bench comprising of Justices L. Nageswara Rao, Hemant Gupta and S. Ravindra Bhat heard the matter as Senior Advocates Mukul Rohatgi, Kapil Sibal, CU Singh and others argued for the reference of the matter to a Constitution Bench.

'85% of people in Maharashtra belong to backward classes'

“The matter has to go before an 11-judge bench. 50% criterion was evolved through judicial decision making. 85% of people in Maharashtra belong to backward classes,” Sibal, appearing for a pro-Maratha reservation petitioner, told the bench. The Apex court was hearing a petition challenging a 2018 Maharashtra law granting reservation benefits to the Maratha community in educational institutions and government jobs.

Kapil Sibal also said that reservation in 28 states exceeded the 50% limit after the Centre enabled grant of 10% reservation to Economically Weaker Sections (EWS). He said any judgment of the Supreme Court in this regard will affect those states.

'Let this be examined by a bench of 11 judges'

According to Live Law, senior Advocate Mukul Rohatgi said most of the states had enacted legislation to provide quotas beyond the 50% ceiling. "The basis of Indra Sawhney judgment has gone. Should the 50% ceiling be reconsidered is the moot question. Let this be examined by a bench of 11 judges," he said. The Bench has listed the matter on Friday for the conclusion of the arguments on the point of reference to a larger Bench.

READ | Plea in Supreme Court seeks to extend term loan moratorium period till Dec 31

READ | Pension a post-retirement entitlement to maintain dignity of the employee: Supreme Court

Last year, the Bombay High Court had upheld the validity of reservation granted to the Maratha community by the state government under the socially and educationally backward class category (SEBC) in government jobs and educational institutions. However, it held that 16% reservation is not justifiable and ruled that reservation should not exceed 12% in employment and 13% in education as recommended by Backward Commission.

READ | Shiv Sena criticises Supreme Court on decision allowing opening of Jain temples in Mumbai

READ | Babri Masjid demolition: Supreme court extends verdict deadline till Sept 30 for CBI court

(With agency inputs)