New Delhi: The Supreme court has termed the reservation given to maratha community in Maharashtra as unconstitutional. This reservation was given on the basis of economic and social backwardness. The Supreme Court has said that the decision to fix 50 per cent reservation limit does not need to be reconsidered. Maratha reservation violates this 50 per cent limit.
A five-judge Constitution Bench headed by Justice Ashok Bhushan passed the verdict at 10:30 a.m. The Constitution Bench had initiated the hearing in the case on March 15 and reserved its verdict after the hearing was over on March 26. The affidavits filed in the long hearing on the issue were also looked into whether the Indira Sahni verdict of 1992 (also called the Mandal Verdict) needs to be reconsidered by a larger bench.
The court had also heard whether the States can make reservation on their behalf declaring any class backward or does the Centre have this power after the 102nd Amendment of the Constitution? The constitutional bench had issued notices to all the states during the hearing. More than 50 per cent reservation is being provided in many States. In fact, the Supreme court wanted to know the logic of the state governments behind it.