Does the State Have the Power to Exceed the 50% Reservation Ceiling in Maharashtra?
- by Aditi-Harshraj
- Aug 29, 2020 20:08
In Indira Sawhney v. Union of India (also known as Mandal Commission Case), the 9 Judges Bench decided to put a cap of 50% on reservation. But in Maratha Quota Case, the judgment of the Mandal Commission has been flagrantly violated. Although It is allowed to breach the limit only in exceptional circumstances. But the question arises which condition amounts to exceptional circumstances? Reservation can help in uplifting the Backward classes and it can also deprive the competent person of getting what he deserves and may result in ineffectiveness and inefficiency. So, proper balance is required. This case was previously heard at Bombay High Court where the Court upheld the validity of reservation in Government Jobs and educational institutions by the State Government to Maratha Community.
Apart from this, the petition has been filed challenging the Maratha Reservation Act which reserves seats for admission in educational institutions and also reserves posts in Public services in Maharashtra. But this petition was also dismissed by the division bench comprising Justice Ranjit More and Bharati Dangre. In the backlog, the total reservation in Maharashtra exceeded the 50% ceiling of reservation which created all the chaos. In the past, the Reservation has been increased from 52% to 68%. Therefore, the issue is whether the 50% ceiling on the reservation can be breached? So, this case has been referred to the larger bench i.e 11 Judges Bench determines reservation limit. This judgment will overrule the Indira Sawhney case.
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