Maratha Reservation - Supreme Court Constitution Bench Hearing [DAY-1]. LIVE UPDATES

Datar: I now want to address how the assertion that Marathas are backward is completely baseless. The High Court Commission has also noted the same. Now, please come to the Pandian judgement. 

Datar: This Court has taken 50% as the outer limit for any affirmative action. It has read this limit even for 243D. Even though it was a 3-Judge Bench, the reasoning should be taken into consideration.

Datar: Even though this outer limit of 50% is not mentioned in the Constitution, it can be found under the brooding omnipresence of Article 14, that the right to equality is applicable everywhere.

Datar: This Court has taken 50% as the outer limit for any affirmative action. It has read this limit even for 243D. Even though it was a 3-Judge Bench, the reasoning should be taken into consideration. 

Datar: Come to Art. 243D which provides for reservations for SC/ST in Panchayats as per their population.

Datar now brings the attention of the Court to a judgement. 

Bench has re-assembled.

Adv. Ashutosh Pandey requests for time for Sr. Adv. Rajeev Dhawan to argue after Datar and Sr. Adv. Gopal Sankaranarayanan. Bench agrees.

Datar resumes his submissions. 

Bench has risen for lunch. Matter will resume at 2PM. 

Datar: Maharashtra's stance is that Marathas are backward and that they form 30% of the population. This, according to them, is the 'extraordinary situation’ which requires for the promulgation of SEBC Act. 

Datar (reading out a judgment): No reservation should exceed 50% and it should not be exercised for majorities. So, your Lordships, there’s a complete bar.

Datar now reads out the 2006 Nagaraj judgment on quota for promotion given to SC/ST employees. 

Datar: The relaxation is for populations of such far-flung areas on account of their being outside mainstream life, for factors peculiar to them, because of which they need to be treated differently. Extreme caution must be exercised for this. 

Datar: The Court can take judicial notice of the fact that a prosperous and progressive State like Maharashtra cannot give reservation to Marathas and the SEBC Act must be struck down. They have not been able to establish any extraordinary situation as well.