SC asks States to make it clear whether reservation should remain within 50% or not

The Supreme Court on Monday 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. Another question is whether the Maharashtra State Reservation for Socially and Educationally Backward Classes Act of 2018, which provides 12% to 13% quota benefits for the Maratha community, and thus, taking the reservation percentage in the State across the 50% mark was enacted under “extraordinary circumstances”. A significant question the Bench wants to judge is whether the Constitution Act of 2018, which introduces the National Commission for Backward Classes, interferes with the authority of State Legislatures to provide benefit to the social and educationally backward communities in their own jurisdiction. The court wants to delve into the issue whether Article 342A strips State Legislatures of their discretionary power to include their backward communities in the State List.