Maratha reservation: Supreme Court stays implementation of 2018 Maharashtra law, refers matter to larger bench

The apex court said that status of those who have already taken benefits of the 2018 law shall not be disturbed.

The Supreme Court on Wednesday stayed the implementation of a law enacted by the Maharashtra government providing for reservation to Marathas in education and jobs. The top court’s ruling means that there will be no Martha quota for jobs or college admissions for now. A three-judge bench headed by Justice LN Rao, however, referred the matter to a larger bench and also made it clear that the status of those who have already availed of the benefits will not be disturbed.

The bench referred to a larger Constitution bench the batch of pleas questioning the validity of the law granting reservation to Marathas in education and jobs. The bench will be set up by Chief Justice of India SA Bobde.

The Maharashtra government had in 2018 enacted the Socially and Educationally Backward Classes (SEBC) Act to grant reservation to people of the Maratha community in Maharashtra in government jobs and admissions to government colleges.

The Bombay High Court had in June 2019 upheld the law but ruled that 16% reservation was not justifiable. It had said that quota should not exceed 12% in employment and 13% in admissions.