Mumbai: Constitutional bench of five judges Supreme Court It will announce its decision on Wednesday morning or decide the future Maratha reservation In Maharashtra.
A bench of Justices Ashok Bhushan, Nageshwara Rao, S Abdul Nazir, Hemant Gupta and S Ravindra Bhat dealt with six key issues raised in March, the key being whether the state legislature is capable of identifying the ‘socially and economically backward’. ? The 108th Amendment to the Constitution is empowered by the Classes (SBC) Lok Sabha. The question is whether the 102nd Amendment deprives the state legislature of its power to determine SEBCs and grant quotas?
Other important questions to be decided by the SC are, “The SEBC Act of 2018, which gives 1 %% reserve to the Maratha community for public jobs and education, in exceptional circumstances if more than 50 per cent social reservation is granted and whether Maharashtra is a strong state or not? M.C. In the report of the State Backwardness Commission headed by Gaekwad, a case has come out which falls within the exception given in the 1992 judgment of Indra Sohni on the existence of extraordinary situation and extraordinary circumstances in the state. ‘Cut to reservations except in unforeseen exceptional circumstances where it may be exceeded. The state said there were extraordinary circumstances and cited the Gaekwad report which upheld the constitutional validity of the SEBC Act in its June 2019 judgment by the Bombay High Court.
Other questions that will be decided are whether the subsequent constitutional amendments, judgments and the social dynamics of the society need to be referred to a larger bench of Indra Sov’s Judgment.
The other two questions to be decided by the SC are: સત્તા The power of the States to make laws in relation to “any backward class” under Sections 115 ()) and 116 (4) in any way Article 234 (a) (which empowers the President ) Is shortened by. Governor and SBC in the Union Territory. Read Article 6 366 (26C) of the Constitution of India as advised by the Governor to refer to? And “Does Article 2A૨ of the Constitution repeal (removes) the power of states to legislate or classify in respect of” any backward class of citizens “and thereby affect the federal policy / structure of the Constitution of India?”
When the Maratha reservations remained till 2020-21 last September, the SCA had earlier said that “no exceptional situation has been observed in the state to give more than 50 per cent reserves to the Marathas”.
The SC Cause List mentions that four separate written judgments will be taken by Justices Bushan, Rao, Gupta and Bhat.