Maratha quota case: Supreme court says, affirmative action is not only reservation


SC had asked on Friday, how many generations will the reservation continue (symbolic photo)

New Delhi:

Maratha Reservation Matters (Maratha Reservation Issue) Supreme Court Has said that states should take further steps to set up institutions to promote education and uplift the socially and educationally backward classes as “affirmative action” is not limited to reservation only. A five-judge constitution bench headed by Justice Ashok Bhushan said on Monday that many other works could be done by the states for this purpose, why other things could not be done, why education should not be instituted and more institutions should be set up. Can? Somewhere this matrix should move ahead of reservation. Affirmative action is not just reservation. Kapil Sibal, appearing for the Government of Jharkhand, said that it would include many issues including financial resources of the state, number of schools and teachers. Reservation limits will vary depending on the population in the country and thus, there cannot be a “straight jacket formula” for this.

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Significantly, on Friday, the SC asked that how many generations will the reservation continue? During the hearing, the Supreme Court also expressed concern over the disparity arising in the event of the 50 per cent limit being lifted. Senior advocate Mukul Rohatgi, appearing for the Maharashtra government, submitted a five-judge constitution bench headed by Justice Ashok Bhushan. It said that the decision in the Mandal case on fixing the quota limit needs to be reconsidered under the changed circumstances.

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He said that the courts should leave the responsibility of fixing the reservation quota in view of the changed circumstances and the decision related to the Mandal case was based on the 1931 census. Arguing in favor of the Maharashtra law providing reservation to the Maratha community, Rohatgi cited various aspects of the judgment in the Mandal case. This decision, also known as Indira Sawhney case, said that the Central Government’s decision to give 10 percent reservation to the economically weaker sections (EWS) also violates the 50 percent limit, issued on Tuesday also. Will remain


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