Constitution Bench begins hearing of case on need to lift 50% ceiling on quota in jobs

Petitioners say Parliament had left the 50% limit introduced in Indira Sawhney verdict ‘untouched’ for nearly 30 years

A view of the Supreme Court of India, in New Delhi. File

A Constitution Bench of five Supreme Court judges led by Justice Ashok Bhushan on Monday began its examination into the question of necessity of lifting the 50% ceiling limit on reservation in jobs and education.

Senior advocate Arvind Datar, for petitioners who have challenged the Maratha quota law, said the Parliament had left the 50% limit on reservation introduced by a nine-judge Bench in the Indira Sawhney judgment “untouched” for nearly 30 years.

Mr. Datar argued that any law which provides 70% reservation in government jobs and admissions in educational institutions, leaving only 30% for the general category, violates the constitutional right of “equality of opportunity.”

He contended that only the Parliament could consider the question of lifting the 50% quota barrier.

Referring to arguments that the issue of re-examination of the Indira Sawhney verdict should be referred to a 11-judge Bench, Mr. Datar said such reference should only be made for compelling reasons. He said his research had shown that not a single judgment so far had challenged the constitutionality of the Indira Sawhney judgment of 1992.

The hearing began with some of the States, which include Tamil Nadu, requesting the court to defer the case till after the Assembly elections.

However, the court refused to acquiesce and gave the States a week’s time to file their submissions and participate in the hearings.

On March 8, the Bench had framed several questions of law, including whether the Indira Sawhney verdict of 1992, fixing 50% limit on quota, needed to be re-looked by larger Bench of more than nine judges.

The court would also examine whether the Maharashtra State Reservation for Socially and Educationally Backward Classes (SEBC) Act of 2018, which provides 12% to 13% quota benefits for the Maratha community, and thus, taking the reservation percentage in the State across the 50% mark, was enacted under “extraordinary circumstances.”

Over the years, several States like Maharashtra and Tamil Nadu have crossed the rubicon and passed laws which allow reservation to over 60%.