In this post we will discuss about the judgment of the Supreme Court in which it refused from breaching the 50% cap on reservation.
The Supreme Court has recently in a judgement said that social, educational and economic backwardness or inadequate representation of a community in public services cannot be a ground to grant it reservation in breach of the 50% ceiling fixed by the court. A bench of Justices L Nageswara Rao, Hemant Gupta and S Ravindra Bhat said relaxation of the “strict rule of 50% can be made in certain extraordinary situations”.
The bench stayed operation of the Maharashtra law to grant reservation to Marathas holding that the government prima facie failed to make a case to justify its decision. The judgment underscores the primacy of the quota ceiling the SC laid down in the Indra Sawhney case and will serve to constitute a high threshold for governments seeking to provide reservation in breach of it.
The supreme court also quoted the statement that “Can’t let law be applied during pendency: SC”
The bench said, “The social, educational and economic backwardness of a community, existence of quantifiable data relating to inadequacy of representation of the community in public services and deprivation of the benefits flowing from reservations to the community are not exceptional circumstances for providing
reservations in excess of 50%.”
“We are of the prima facie opinion that the high court committed an error in treating the above factors as circumstances which are extraordinary, warranting
relaxation of the strict rule of 50%,” the bench said while disagreeing with the HC order which had upheld the validity of the Socially and Educationally Backward Classes Act.
Prima facie may be used as an adjective meaning “sufficient to establish a fact or raise a presumption unless disproved or rebutted.” An example of this would be to use the term “prima facie evidence.” … A prima facie case is the establishment of a legally required rebuttable presumption.
This post was written by Bharti Verma.
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