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Supreme Court of India 2021-03-08 remanded

Jaishri Laxmanrao Patil vs Chief Minister and Ors

Bench: 5 — <UNKNOWN>

In Brief

This Constitution Bench order addresses challenges to Maharashtra's 2018 Reservation Act granting 12-13% additional reservation for the Maratha community. The core question concerns the scope of State legislative power under Articles 15(4) and 16(4) following the 102nd Constitutional Amendment, which inserted Article 342A empowering Parliament to identify OBCs. The Bench issued notice to all States and adjourned hearings to consider whether State powers to reserve for backward classes remain intact, whether the Maratha reservation meets the 'exceptional circumstances' exception established in Indra Sawhney, and how Article 342A affects State-level OBC classification and reservation.

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Constitutional Law Reservation Backward Classes Educational Institutions Public Services Federalism Legislative Competence 102nd Constitutional Amendment

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