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2021-05-06

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Indian Polity
www.thehindu.com

In 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 like Maharashtra and Tamil Nadu have crossed the rubicon and passed laws, which allow reservation shooting over 60%. The judgment would have an impact on the reservation dynamics in these States which have crossed the 50% ceiling limit.

The Indira Sawhney judgment had categorically said “50% shall be the rule, only in certain exceptional and extraordinary situations for bringing far-flung and remote areas population into mainstream said 50% rule can be relaxed.”

Justice Bhushan, in the lead opinion on the Maratha law, said that appointments made under it following the Bombay High Court judgment endorsing the State law would hold, but they would get no further benefits. Students already admitted under the Maratha quota law would continue. Students admitted to postgraduate courses would not be affected since they were not given reservation.

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