MARATHA RESERVATION CASE:

The hearing with regards to Maharashtra State Reservation for Socially and Educationally Backward Classes (SEBC) Act is on its 7th day today.

The constitutional validity of this Act has been challenged. Extremely important contentions were made by the Solicitor General, Tushar Mehta, in the hearing today.

This Act extends reservation with regards to public education and employment to the Maratha community.

The most important contention that has propped up during the hearing was whether the States powers to give reservation to the backward classes have been taken away after the 102nd Constitutional Amendment.

Solicitor General stated:”We construed this (Article 342A) to be a confined role of Central Government. Whether State’s Act is constitutional or not in Maharashtra’s case – in our view, it is Constitutional”On this stance the court pointed out:”Does it mean there is a blank slate as of now? If this is to notify further (SEBC), existing lists have to be incorporated into the amendment…Can you make it (Article 342A) a dead letter by not issuing a notification for all times to come?”

The hearing is to be continued tomorrow.

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