Maratha Quota: Supreme Court To Hear Appeals From March 8

OVERVIEW

• The Constitution bench of Supreme Court on Friday scheduled the dates for hearing of issues against the constitutionality of Maharashtra Socially & Educationally Backward Classes (SEBC) Act, 2018 providing a quota to Marathas in jobs and education.
• The five-judge bench headed by Justice Ashok Bhushan declared that the Court will start hearing appeals March 8 onwards, virtually or in person if physical hearings are resumed by then. 

BACKGROUND

• Historically, Marathas have belonged to the 'warrior' caste with large land-holdings. However, division on land and agrarian problems over the years have led to a decline of prosperity among middle class and lower-middle class Marathas, although the community still has a vital contribution in the rural economy.
• In February 2019, the Bombay High Court ruled that 16% quota granted by the state was not 'justifiable', but sustained the reservation up to 12% in education and 13% in government jobs later that year in June, upon recommendation by the Maharashtra State Backward Class Commission.
• The Court stated that the backwardness of the community was incomparable with the SCs & STs, although it was along the same strata as several other backward classes, which sustain provisions in the list of Other Backward Classes pursuant to the Mandal Commission.
• The Supreme Court in July 2019 refused to sustain the Bombay HC's verdict which upheld the validity of the reservation. The Court however clarified that the reservation will not have any retrospective effect.
• On September 9, 2020, a three-judge SC bench referred the petitions questioning the Maratha quota law to a five-judge Constitution bench and stayed the operation of law for the current year.
• On two previous occasions, Senior Advocate Mukul Rohtagi, representing the Maharashtra government, sought adjournment claiming that a case of this nature would require physical hearing. 

SCHEDULE OF HEARINGS IN THE SUPREME COURT

• March 8, 9, 10 have been reserved for the arguments by the appellants, and 12, 15, 16 have been fixed for the submissions of the respondents.
• The bench has further decided to address Intervenors and other on the 17^th, and address the Attorney-General and Rejoinder's submissions on the 18^th.
• The hearing of the matter has been scheduled to conclude by 18^th March, 2021. The schedule was decided with the consent of Maharashtra government, the petitioners, intervenors and Attorney-General K.K. Venugopal.

CONCLUSION

• This topic has had a much-awaited verdict to be passed since the Bombay HC verdict in 2019. Hopefully, the Supreme Court would come up to a conclusion duly looking in to statistics and background of the scenario.

IN YOUR OPINION, SHOULD MARATHAS BE GRANTED A SPECIAL RESERVATION UNDER THE OBC CATEGORY? WHY SO? LET US KNOW IN THE COMMENTS BELOW!

Click here to download the original copy of the judgment