Top court to hear appeals from March 8

THE CONSTITUTION BENCH SAID IT WAS OPEN TO HEARING ARGUMENTS ON THE 1992 INDRA SAWHNEY VERDICT

NEW DELHI: The Supreme Court (SC) will start hearing appeals challenging quotas for the Maratha community in jobs and education from March 8, a fivejudge bench said on Friday, fixing a schedule for the significant case that can shape India’s castebased reservation policy.

The Constitution Bench examining the 2018 Maharashtra law, which granted quotas to the community, said it was open to hearings either virtually or in person, if physical hearings resume in the top court by then.

“The learned counsels submit that there is already consideration of starting physical hearing in the month of March 2021 in this court in a limited manner. Be that as it may, the hearing in these matters will start from March 8 by physical or virtual mode… We propose to start the hearing on March 8 and complete by March 18,” said the bench comprising justices Ashok Bhushan, L Nageswara Rao, S Abdul Nazeer, Hemant Gupta and S Ravindra Bhatt.

The bench also said it was open to hearing arguments challenging the SC’s 1992 Indra Sawhney judgment that fixed a cap of 50% on caste-based reservation. The 2018 law breached the 50% reservation threshold.

The schedule was decided with the consent of Maharashtra government, the petitioners, the intervenors and attorney general KK Venugopal, who was asked to assist the court.

The SC asked petitioners challenged the law to open arguments on March 8 and conclude by March 10. The state was allotted three days – March 12, 15, 16 to respond to the petitions. One day –March 17 – was kept for private parties and intervenors, and on the final day – March 18 -- the court would hear Venugopal.

On two previous occasions, Maharashtra government, represented by senior advocate Mukul Rohatgi, sought an adjournment on the grounds that a case of this nature would require physical hearing.

On Friday, the bench told Rohatgi, “If you press for physical hearing, you need to be present.” The SC also asked the parties to submit a brief note of their arguments by the end of February.

The 2018 law originally provided 16% reservation to Marathas and came after years of protests by the community.

In June 2019, the Bombay high court trimmed the quantum of the quota to 12% in education and 13% in jobs. In its order, the high court said the 50% cap could be breached in exceptional circumstances. Soon after, petitioners moved the top court and contended that the law breached the 50% reservation threshold. As the Indra Sawhney case was decided by a bench of nine judges, various parties sought reference of the case to a bench of 11 judges to conclusively settle the issue.

On September 9, 2020, a threejudge SC bench referred petitions challenging the Maratha quota law to a five-judge Constitution Bench and stayed the operation of the law for the current year.

On Friday, Rohatgi informed the five-judge bench that in a separate case, another bench of the Supreme Court opined in August 2020 that the Indra Sawhney judgment needed a re-look. This question is pending consideration before a seven-judge bench. “It’s not that Indra Sawhney is cast in stone,” Rohatgi said. The bench replied, “We are bound by the Indra Sawhney judgment. You may argue this point. We are not closing you at this stage.”

As the issue involves interpretation of the Constitution (One Hundred Second Amendment) Act, 2018 that gives constitutional status to National Commission for Backward Classes, the SC sought for the assistance of the attorney general.

Maharashtra minister Ashok Chavan said the Centre should provide constitutional provisions to safeguard Maratha reservation. s