National News Analysis

24 July 2024, 8:00 AM

EXISTING RESERVATION QUATA LIMIT OF THE INDIAN STATES RESERVATION IN INDIA

Constitution Bench of Supreme Court on May 5 held the Maharashtra government Maratha reservation, more than the 50% ceiling fixed by a 9-judge Bench in the Indra Sawhney case, illegalSince the 1992 order, several states have passed laws breaching the 50% ceiling, including Haryana, Telangana, Tamil Nadu, Andhra Pradesh, Madhya Pradesh, Uttar Pradesh, Rajasthan, Chhattisgarh and Maharashtra.Since the 1992 order, several states have passed laws breaching the 50% ceiling, including Haryana, Telangana, Tamil Nadu, Andhra Pradesh, Madhya Pradesh, Uttar Pradesh, Rajasthan, Chhattisgarh and Maharashtra.Since the 1992 order, several states have passed laws breaching the 50% ceiling, including Haryana, Telangana, Tamil Nadu, Andhra Pradesh, Madhya Pradesh, Uttar Pradesh, Rajasthan, Chhattisgarh and Maharashtra.The Constitution (103rd Amendment) Act 2019 passed by Parliament enables the State (i.e., both the Central and State Governments) to provide reservation to the Economically Weaker Sections (EWS) of the society. Whether or not to provide reservation to the EWS of the society for appointment in State Government jobs and admission to State Government educational institutions, as per provisions of the newly inserted Articles 15(6) and 16(6) of the Constitution, is to be decided by the State Government.nullThe Constitution (103rd Amendment) Act 2019 passed by Parliament enables the State (i.e., both the Central and State Governments) to provide reservation to the Economically Weaker Sections (EWS) of the society. Whether or not to provide reservation to the EWS of the society for appointment in State Government jobs and admission to State Government educational institutions, as per provisions of the newly inserted Articles 15(6) and 16(6) of the Constitution, is to be decided by the State Government.null10% reservation under the Economically Weaker Section (EWS) category applies to those not covered under the existing scheme of reservations for the Scheduled Castes, the Scheduled Tribes, and the Socially and Educationally Backward Classes10% reservation under the Economically Weaker Section (EWS) category applies to those not covered under the existing scheme of reservations for the Scheduled Castes, the Scheduled Tribes, and the Socially and Educationally Backward Classes.10% reservation under the Economically Weaker Section (EWS) category applies to those not covered under the existing scheme of reservations for the Scheduled Castes, the Scheduled Tribes, and the Socially and Educationally Backward Classes.The court said, “The 2018 Maharashtra state law violates the right to equality. We won’t re-examine the 1992 verdict which capped reservation at 50%.”New Delhi.  Reservation in India is provided to Scheduled Castes (SCs), Scheduled Tribes (STs) and Other Backward Classes (OBCs) at the rate of 15%, 7.5% and 27%, respectively, in case of direct recruitment on all India basis by open competition.The Top Court on May 5 struck down Maharashtra government’s decision to exceed 50 percent reservation for Maratha community in education and jobs.Maharashtra government’s decision to exceed 50 per cent reservation for the Maratha community in education and jobs. The court said the Maratha community was not Educationally and Socially Backward Category (ESBC).Maharashtra government’s decision to exceed 50 per cent reservation for the Maratha community in education and jobs. The court said the Maratha community was not Educationally and Socially Backward Category (ESBC).The court said, “The 2018 Maharashtra state law violates the right to equality. We won’t re-examine the 1992 verdict which capped reservation at 50%.”As per existing instructions, reservation is provided to Scheduled Castes (SCs), Scheduled Tribes (STs) and Other Backward Classes (OBCs) at the rate of 15%, 7.5% and 27%, respectively, in case of direct recruitment on all India basis by open competition. In direct recruitment on all India basis, other than by open competition, the percentage fixed is 16.66% for SCs, 7.5% for STs and 25.84% for OBCs.10% reservation under the Economically Weaker Section (EWS) category applies to those not covered under the existing scheme of reservations for the Scheduled Castes, the Scheduled Tribes, and the Socially and Educationally Backward ClassesThe Constitution (103rd Amendment) Act 2019 passed by Parliament enables the State (i.e., both the Central and State Governments) to provide reservation to the Economically Weaker Sections (EWS) of the society. Whether or not to provide reservation to the EWS of the society for appointment in State Government jobs and admission to State Government educational institutions, as per provisions of the newly inserted Articles 15(6) and 16(6) of the Constitution, is to be decided by the State Government.nullSince the 1992 order, several states have passed laws breaching the 50% ceiling, including Haryana, Telangana, Tamil Nadu, Andhra Pradesh, Madhya Pradesh, Uttar Pradesh, Rajasthan, Chhattisgarh and Maharashtra.Laws made by many of these states have either been stayed or are facing legal challenges.Constitution Bench of Supreme Court on May 5 held the Maharashtra government Maratha reservation, more than the 50% ceiling fixed by a 9-judge Bench in the Indra Sawhney case, illegalMany states have breached the 50% ceiling before and intend to bring more reservations. A notable example is in Tamil Nadu. Its Act of 1993 reserves 69% of the seats in colleges and jobs in the state government. However, this was done by amending the Constitution, to place the law in the Ninth Schedule after the Indra Sawhney judgment

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