'Affirmative Action Not Limited To Reservation Only': Supreme Court In Maratha Quota Case Hearing[Day 6]
Live LawOn the sixth consecutive day of the hearing in the Maratha quota case, a Constitution Bench of the Supreme Court made observations regarding the need to move beyond reservations for the purposes of affirmative action. "Affirmative action is not limited to reservation only", Justice S Ravindra Bhat, part of the 5-member bench, observed while hearing the arguments of Senior Advocate Kapil Sibal, who is supporting the Maharashtra State Reservation For Socially and Educationally Backward Classes Act which provides for a quota to Marathas in jobs and education., Justice Bhat continued. The bench had also sought to know if the removal of 50% limit on reservation will affect the right to equality under Article 14 of the Constitution and would lead to a "resultant inequality". BACKGROUND The pleas before the Constitution Bench challenges the Bombay High Court judgment passed in June 2019, and submits that the Socially and Educationally Backward Classes Act, 2018, which provides for 12% and 13% quota to the Maratha community in education and jobs respectively, violated the principles laid in the case of Indira Sawhney v. Union of India as per which the Apex Court capped the reservation limit at 50%.