Why supreme court is right in denying unethical pleasure to Maharashtra govt

An apex court bench headed by chief justice HL Dattu declined to interfere with the high court's interim order and said it (the HC) was still seized of the matter

GN Bureau | December 18, 2014



When it is about populism the governments show unusual hurry and go to any length to get it in the public domain disregarding values and hard numbers. Denying such unethical pleasure, the supreme court on Thursday refused to hear Maharashtra government's plea against the Bombay high court order staying reservation to Marathas and Muslims.

An apex court bench headed by chief justice HL Dattu declined to interfere with the high court's interim order and said that it (the HC) was still seized of the matter. The court said, "It is just an interim order, let the high court decide it."

On December 5, the Maharashtra government rushed to the supreme court even though the high court had said that it will hear the case next month (January 2015). The Devendra Fadnavis government had filed a special leave petition before the supreme court. The reservations were brought in hurriedly before the state election through an ordinance by the then Congress-NCP government.

The high court had stayed the 16% reservation for Marathas in jobs, faulting the data used by the state to back its assertion that the community is backward.

A bench of chief justice Mohit Shah and justice MS Sonak had also stayed the 5% quota in public employment to about 50 sub-castes among Muslims.

The new BJP government sought the order to be stayed for four weeks, but the high court had refused to accept the request.

Dismissing the quotas, the court cited the supreme court constitution bench norm of capping reservation at 50%. "The reservation ceiling cannot exceed 50%, except in extraordinary situations and for extraordinary reasons,” the high court had reasoned.

Maharashtra has 52% reservation in public employment for backward classes under the State Reservation Act of 2001. The quota for Maratha and Muslim would have taken the total reservation to 73%.

The high court had also said the state's data to justify Marathas as socially and economically backward to merit reservation has "glaring flaws". Nor is there any exceptional circumstances made out to permit such reservation. Even the National Commission for Backward Classes has held the Maratha community to be "socially advanced".

The government had granted the reservation to Marathas on the basis of the recommendations of the Narayan Rane committee. It was set up after the state rejected another committee report that said Marathas required no special reservation.

"There must be some element of social oppression or discrimination against a community for whose benefit the reservation is to be provided beyond the 50% ceiling. In the present case, there has been no attempt by the state to establish the exceptional circumstances... to exceed the reservation ceiling,'' the court had ruled on Maratha reservations issue.

On the Muslim quota, the high court said the reservation was not for the "entire Muslim community" but only for specified backward Muslims.

Comments

 

Other News

Can AI change India’s breast cancer story?

Breast cancer has become a public-health challenge in India. The greatest opportunity is to find cancers earlier. Artificial intelligence (AI) is opening a new era in breast cancer detection. AI systems can analyse mammograms and other breast-imaging studies, identify subtle abnormalities and assist radi

Farm stability in the time of climate change

Indian agriculture is experiencing significant climate volatility, while the world economy seems to be in a highly volatile situation. Economic indices from various countries show that they need to recalibrate their strategies to withstand economic headwinds. In such a challenging situation, a country li

El Niño threatens India’s Rabi crops

India’s southwest monsoon ended with a 13% rainfall deficit in 2026, its weakest performance in a decade, raising concerns over agricultural production, water security and the upcoming rabi season. With El Niño expected to persist into early 2027, experts warn that declining soil moisture, dep

Regulating the data advantage: India’s new e-Commerce framework

For over a decade, India’s e-commerce story has rested on a simple premise: platforms connect buyers and sellers, while data fuels efficiency, personalisation, and scale. However, as the market matured, its structure has revealed a growing imbalance. E-commerce platforms, especially marketplace ent

Changing weather patterns, climate change responsible for Nepal floods

The interaction between active Western Disturbances, increased atmospheric moisture and the region’s complex topography aswell as global warming are important factors behind intense rainfall in the Himalayas, leading to flash floods in Nepal, according to meteorologists. Nepal

A right she cannot reach

Last summer, the two of us spent several weeks in rural Madhya Pradesh with a non-profit that works on gender justice through women’s self-help groups. We went in with a notebook full of laws. The Protection of Women from Domestic Violence Act. The Dowry Prohibition Act. Free legal aid for every wo

Upcoming Conferences



-->

Archives

Current Issue

Opinion

Facebook Twitter Google Plus Linkedin Subscribe Newsletter

Twitter