Current context:
Maharashtra Assembly unanimously adopts bill providing 10% reservation to Maratha community.
- The bill aims to grant Maratha community reservation in educational institutions and government jobs, based on a comprehensive survey report by the Maharashtra State Backward Class Commission.
- Previously in 2021, Supreme Court struck down a similar Act that sought to provide reservation to Maratha Community in educational institute, public service commission.
- The Maratha Community was granted a separate reservation without any extraordinary circumstances, exceeding the 50% ceiling limit of reservation.
- The Supreme Court’s 9-judge bench in the Indira Sawhney Case (1992) established a 50% reservation ceiling under Article 16(4).
- Article 16(4) allows the State to provide benefits to backward citizens in public employment, violating Articles 14 and 16 without exceptional circumstances.
- The court ruled that the reservation criteria under Article 16(4) should not be proportionate representation but adequate representation.