Treading a Dangerous Path
India Legal|March 29, 2021
With several states breaching the 50 percent quota in government jobs, the apex court has issued a notice to them and Union Territories asking if this could be allowed as the limit was laid down by a bench in 1992
Vivek K Agnihotri
Treading a Dangerous Path

ON March 8, 2021, the Supreme Court decided to examine whether its nearly three-decades-old judgment, prescribing a ceiling 50 percent on reservation for marginalised and the poor in government jobs and educational institutions, needs a relook by a larger bench.

The primary occasion was the hearing of a petition questioning the validity of the Maharashtra government’s decision to grant reservation to Marathas.

The five-judge bench, headed by Justice Ashok Bhushan, decided to expand the ambit of the case by making other states party to it and inviting them to make their stand clear on whether reservation should continue within the 50 percent Lakshman rekha.

The Maharashtra State Reservation (of Seats for Admission in Educational Institutions in the State and for Appointments in the Public Services and Posts under the State) for Socially and Educationally Backward Classes Act, 2018, as amended in 2019, provides for 16 percent quota for Marathas. This takes the total reservation in Maharashtra beyond 50 percent. Further, the 102nd Constitutional Amendment, giving constitutional status to the National Commission for Backward Classes, states that the president would notify the list of backward classes for all states in consultation with the governors. This has raised a doubt whether states have the power to make inclusion in and exclusion from the list of backward classes.

The bench has accordingly formulated the following six questions for its consideration:

Denne historien er fra March 29, 2021-utgaven av India Legal.

Start din 7-dagers gratis prøveperiode på Magzter GOLD for å få tilgang til tusenvis av utvalgte premiumhistorier og 9000+ magasiner og aviser.

Denne historien er fra March 29, 2021-utgaven av India Legal.

Start din 7-dagers gratis prøveperiode på Magzter GOLD for å få tilgang til tusenvis av utvalgte premiumhistorier og 9000+ magasiner og aviser.

FLERE HISTORIER FRA INDIA LEGALSe alt
PIL, Difficult To Swallow?
India Legal

PIL, Difficult To Swallow?

In a recent ruling, the Bombay High Court lamented the increasing number of frivolous public interest litigations being filed in courts and echoed the sentiments of the Supreme Court that such litigations are the bane of the judicial system. Is there any way to restrict their misuse?

time-read
6 mins  |
February 13, 2023
Till Infertility Do Us Part...
India Legal

Till Infertility Do Us Part...

The Calcutta High Court slammed a husband for initiating divorce proceedings due to his wife's infertility and asked him to be a pillar of support for her. Courts have often taken an empathetic view in such matters

time-read
4 mins  |
February 13, 2023
IS THAT LEGAL?
India Legal

IS THAT LEGAL?

Ignorance of law is no excuse. Here are answers to frequently asked queries regarding matters that affect us on a day-to-day basis

time-read
3 mins  |
February 13, 2023
The Big Lie
India Legal

The Big Lie

In America, The Big Lie is an idiom used by Donald Trump's opponents and the media to describe his constant gripe about election fraud. Now, it seems more suited to another Republican, Congressman George Santos (right), who has been facing growing calls to resign after he admitted fabricating parts of his resume and biography since his election in New York last year.

time-read
1 min  |
February 13, 2023
Flying into the Sunset
India Legal

Flying into the Sunset

Over 50 years since the first and original jumbo jet, the Boeing 747, took to the skies and revolutionized air travel, the last of the legendary aircraft (right) was delivered to a freight charter company, bringing down the curtain on one of aviation's most successful products.

time-read
1 min  |
February 13, 2023
Star Crossed
India Legal

Star Crossed

Actor and producer Alec Baldwin is a Hollywood legend, having starred in a range of movies, award winning TV sitcoms, and theatre. He was most recently seen in Mission Impossible Fallout, which is an apt description of his current situation.

time-read
1 min  |
February 13, 2023
Walkouts in the UK
India Legal

Walkouts in the UK

An estimated half a million workers have gone on strike, shutting down thousands of schools, public transport and border disruption. It is the biggest day of industrial action for more than a decade.

time-read
1 min  |
February 13, 2023
Myanmar's Misery
India Legal

Myanmar's Misery

Two years after the military coup ousted the elected government led by Aung San Suu Kyi, the brutal crackdown by the junta on so-called \"insurgents\" and civilian protesters has reached a new level with the use of air strikes, a new and deadly tactic in the ongoing civil war.

time-read
1 min  |
February 13, 2023
AMERICA'S ANGST
India Legal

AMERICA'S ANGST

From messy, divisive politics to a series of mass shootings, and now black officers brutally beating another black man to death as seen in bodycam videos, America's domestic convulsions are cause for serious introspection

time-read
4 mins  |
February 13, 2023
JUSTICE LEAGUE
India Legal

JUSTICE LEAGUE

There are few judicial appointment procedures in the world that are completely bereft of the overarching presence of either the executive or the legislature, or both. In the end, the judge is left with all the powers vested in him/her by the constitution to uphold the rule of law, within an atmosphere of external influences

time-read
9 mins  |
February 13, 2023