New Delhi: During the Maratha quota case hearing on Friday, the Supreme Court sought to know for how many generations would the reservations in jobs and education will continue. The top court also raised concerns over “resultant inequality” in case the overall 50 per cent limit was to be removed.
Senior advocate Mukul Rohatgi, appearing for Maharashtra to the constitution bench of five judges headed by Justice Ashok Bhushan that the Mandal judgement on capping the quota required a re-look in the changed circumstances.
According to Rohatgi, the courts should leave it to states to fix reservation quotas considering the changed circumstances and the Mandal judgement was premised on census of 1931, reported news agency PTI.
Arguing in favour of the Maharashtra law granting quota to Marathas, Rohatgi referred to various aspects of the Mandal judgement, which is also known as Indra Sawhney case. The senior advocate said the Centre’s decision to grant 10 per cent quota to people from economically weaker section also breached the 50 per cent cap.
“If there is no 50 per cent or no limit, as you are suggesting, what is the concept of equality then. We will ultimately have to deal with it. What is your reflection on that… What about the resultant inequality. How many generations will you continue,” observed the bench, which also comprised Justices L Nageswara Rao, S Abdul Nazeer, Hemant Gupta and S Ravindra Bhat.
According to the bench, 70 years have passed after independence and the states have been carrying on so many beneficial schemes and “can we accept that no development has taken place, that no backward caste has moved forward”.
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