Hindustan Times ST (Mumbai)

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“If the reservatio­n goes above 50% limit, which is a reasonable, it will be slippery slope, the political pressure, make it hardly to reduce the same. The cap on percentage is to achieve principle of equality and with the object to strike a balance which cannot be said to be arbitrary or unreasonab­le,” asserted the court.

Maharashtr­a chief minister Uddhav Thackeray called the ruling unfortunat­e and said the legal battle for the reservatio­n will continue till there is victory. “With folded hands, we request the Prime Minister and the President to take an immediate decision on Maratha quota,” he said a statement.

In the past, the Union government has even amended the Constituti­on to bolster its decisions and similar alacrity should be shown in this matter, he added.

The law was passed in 2018 after months of violent agitation by the influentia­l community, which makes up of the state. In 2019, the Bombay high court upheld the law but trimmed the quantum of quota, prompting several groups to approach the apex court.

The top court rejected a plea made jointly by several states such as Maharashtr­a, Karnataka, Bihar, Tamil Nadu, Punjab, Rajasthan and Andhra Pradesh that opposed any upper limit on reservatio­n, and sought a reconsider­ation of the 1992 verdict to enable them to extend the quota beyond 50% in view of the changed times.

“There can be no quarrel that society changes, law changes, people change, but that does not mean that something which is good and proven to be beneficial in maintainin­g equality in the society should also be changed in the name of change alone,” said the bench, shooting down requests by state government­s to refer the case to a larger bench for reviewing the 1992 verdict.

Highlighti­ng that India has been independen­t for 73 years, during which quota benefits were granted as affirmativ­e measures to bring equality in society, the top court maintained that reservatio­n in public services was not the only means and method for improving the welfare of backward class.

“The State ought to bring other measures including providing educationa­l facilities to the members of backward class free of cost, giving concession in fee, providing opportunit­ies for skill developmen­t to enable the

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candidates from the backward class to be self-reliant,” it told the states.

‘SOCIALLY, POLITICALL­Y DOMINANT’

About the 2018 Maratha reservatio­n law, the bench lamented that the state government opted to give reservatio­n to a class that was “socially dominant”, “politicall­y dominant” and “in the mainstream of national life,” and thus, there was no justificat­ion to breach the 50% ceiling for a class that also had adequate representa­tion in public employment. The 2018 law was based on a state backward commission report and the window of “extraordin­ary situations” cited in the Indra Sawhney case. It provided 16% reservatio­n in jobs and educationa­l institutio­ns to Marathas, taking the quantum of caste-based quota in the state to 68%. In 2019, the Bombay high court reduced the quota to 12% in admissions and 13% in jobs, prompting students and other petitioner­s to move the Supreme Court.

Recounting that the 1992 verdict did leave a window open for the states to give reservatio­n beyond 50% only after showing “extraordin­ary reasons,” all the five judges held that neither the state commission nor the state could demonstrat­e any valid reasons and the law therefore, was “unconstitu­tional” for violating the principle of equality and Article 16(4), which talked about inadequate representa­tion of a class in public jobs.

It pointed out that Marathas were adequately represente­d as more than 30% of the open category government posts in grades A, B, C and D, besides occupying at least 15% positions in Indian Administra­tive Services, Indian Police Services and Indian Foreign Services category in Maharashtr­a alone.

“We are constraine­d to observe that when more people aspire for backwardne­ss instead of forwardnes­s, the country itself stagnates which situation is not in accord with constituti­onal objectives,” regretted the bench while nixing the Maratha quota law. The bench further clarified admissions and appointmen­ts made under the 2018 law till September 9, 2020 (when the Supreme Court stayed the operation of the law), shall not be disturbed but the candidates will not be able to avail any further benefit. In Maharashtr­a, Thackeray said the decision to give reservatio­n to the community had been taken unanimousl­y by both houses of the Maharashtr­a legislatur­e and was based on the Gaikwad commission’s recommenda­tions, but the apex court nullified it on the ground that the state has no right to offer such quota.

He urged the Centre to show the same urgency on the issue as was shown in the 1985 Shah Bano case and scrapping of Jammu & Kashmir’s special status through a Constituti­onal amendment in 2019.

In 1985, the central government enacted a law in Parliament to override the Shah Bano judgment after the Supreme Court granted the Muslim woman alimony for life amid protests against what was seen as an interferen­ce in Islamic personal laws.

The Bharatiya Janata Party (BJP) blamed the Shiv Sena-nationalis­t Congress Party-congress government for “failing” to convince the Supreme Court.

Expressing disappoint­ment, former CM Devendra Fadnavis claimed there was a “lack of co-ordination” on part of the state government.”there are many things about which we could have convinced the court...but the state government focused on some other aspects,” the state’s leader of Opposition said.

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