In news
Government files Review Petition on Supreme Court judgement of 5thMay, 2021 pertaining to Constitution 102nd Amendment Act, 2018
Supreme Court on the law
- The Supreme Court struck down as unconstitutional the 2018 Maharasthra law, providing reservations to Marathas in jobs and education, for being in violation of 50 per cent cap on quota and fundamental right to equality.
- The court said the community was satisfactorily represented as 33.23 per cent, 29.03 per cent, 37.06 per cent, and 36.53 per cent in Grade A, B, C and D jobs, respectively.
- The state law thus defied another criterion of the inadequacy of representation on the basis of quantifiable data, by granting quota beyond 50 per cent.
- "One community bagging such as the number of posts in public services is a matter of pride and its representation in no manner can be said to not adequate
2018 Maharashtra Law
- The Maharashtra government had in 2018 enacted the Socially and Educationally Backward Classes (SEBC) Act to grant reservation to people of the Maratha community in Maharashtra in government jobs and admissions to government colleges.
- The Bombay High Court had in June 2019 upheld the law but ruled that 16% reservation was not justifiable.
- It had said that quota should not exceed 12% in employment and 13% in admissions.
Source: PIB
