Maharashtra Govt argue 50% quota cap unjustified and gives homosexuality decriminalisation as reference
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https://timesofindia.indiatimes.com/india/quota...
Pressing for removal of 50% cap on reservation, the Maharashtra government, while justifying its decision of Maratha reservation, told the Supreme Court that the number of socially and educationally backward people has increased over the years and there is an urgent need to increase quota to uplift them.
Referring to the apex court’s decision to decriminalise homosexuality, former attorney general Mukul Rohatgi, appearing for Maharashtra, contended before a five-judge Constitution bench that law cannot be static and it should be evolved with changing times and as per the societal needs and in that context, the apex court’s 1992 verdict fixing cap on quota must be re-examined by a bench of 11 judges.
The bench comprising Justices Ashok Bhushan, L Nageswara Rao, S Abdul Nazeer, Hemant Gupta and S Ravindra Bhat is examining the constitutional validity of the Maharashtra law granting reservation to Maratha community by breaching the 50% ceiling. Rohatgi contended that the Constitution did not prescribe any cap on reservation and left it for the government to decide and the court should have refrained from fixing the limit.
“I am not saying that Indra Sawhney verdict was completely wrong and it should be thrown in the dustbin. But 30 years passed since the verdict was pronounced and many things have changed. Backwardness has increased, population has increased. With the passage of time, periodic review is needed. There was earlier no concept of transgender but the court has now recognised it. The law which earlier considered reasonable becomes unreasonable with change in thinking of society,” Rohatgi said while pleading the court to refer the issue to a larger bench for a holistic re-look.
He said the nine judges who were part of Indra Sawhney verdict were not un-animous on fixing the cap and even thereafter the courts had not spoken in one voice on the issue.
“In 70 years, we have not reached anywhere near our ideal goal. We have not achieved the goal set by Constitution makers. That is why the Constitution was amended many times, including the 103rd amendment to grant reservation to economically weaker sections,” he said.
The state government had framed the law on November 30, 2018 granting 16% quota for Marathas in government jobs and admission in educational institutions. While upholding the law, the Bombay HC on June 27 last year directed the government to bring it down to 12% for education and 13% for jobs as recommended by a state-appointed backward class commission headed by former HC judge M B Gaikwad.
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@admin Please move to Political Social section, didn’t check the posted section in hurry.