Maratha Quota case: SC states, Indra Sawhney case will be reconsidered if required

While addressing the Maratha reservation case challenging the Bombay High Court order upholding quotas for Marathas in education and employment under the Maharashtra Socially and Educationally Backward Classes Act, the Supreme Court’s five-judge Bench issued a notification to all states for their responses about whether quota can be given over 50% to the backward classes.

Justices Ashok Bhushan, L. Nageswara Rao, Abdul Nazeer, Hemant Gupta, and S. Ravindra Bhat comprised the bench, which posed four general questions for evaluation:

  1. In terms of the Constitutional amendments, whether the judgment as in the case of Indra Sawhney should be referred to a larger bench.
  2. Whether or not reserving seats for the Maratha society’s backward classes in excess of 50% is in accordance with the Indra Sawhney decision.
  3. If the 102nd constitutional Amendment takes away the state’s ability to make laws or make reservations.
  4. If Article 324-A has an effect on the state’s federal policy.

The notice would be sent to the states via their counsels, and thus the states would be required to submit their brief notes of responses, according to the bench. The matter was adjourned by the bench, which stated that the hearing would begin on March 15.

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