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Supreme Court of India 2021-05-05 allowed

SHIV SANGRAM & ANR vs THE CHIEF MINISTER & ORS

Bench: 5 — Ashok Bhushan, S. Abdul Nazeer, L. Nageswara Rao, Hemant Gupta, S. Ravindra Bhat

In Brief

The Supreme Court examined whether Maharashtra could grant 12-16% additional reservation to Marathas beyond the 50% constitutional ceiling. The 5-judge bench upheld the 50% reservation limit from Indra Sawhney, rejecting arguments for reconsideration. It found the Gaikwad Commission's conclusion that Marathas are a backward class unsustainable—Marathas showed adequate (33-37%) representation in government jobs and hold dominant political positions. The Court struck down the SEBC Act's reservation provisions, finding no genuine extraordinary circumstances to breach the ceiling. On constitutional interpretation, the bench split on Article 342A: the majority held it preserves state power to identify SEBCs for state employment; the minority held it establishes a unified national list for all purposes.

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Reservation Backward Classes Constitutional Law Equality Affirmative Action

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