The Supreme Court decided to examine whether its nearly three-decade-old judgment, which fixed reservation for the marginalised and the poor in government jobs and educational institutions at 50%, needs a re-look.
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In the Indira Sawhney verdict of 1992, a nine-judge Bench of the court had drawn the “Lakshman rekha” for reservation in jobs and education at 50%, except in “extraordinary circumstances”.
However, over the years, several States, such as Maharashtra and Tamil Nadu, have crossed the Rubicon and passed laws which allow reservation shooting over 60%.
A five-judge Bench, led by Justice Ashok Bhushan, set up to hear the challenge to the Maratha quota law, decided not to confine the question of reservation spilling over the 50% limit to just Maharashtra.
The Bench expanded the ambit of the case by making other States party and inviting them to make their stand clear on the question of whether reservation should continue to remain within the 50% boundary or not.
