New Delhi: A subject which has been a point of contention for time immemorial, a bench of the Constitution sought to know during the Maratha quota case hearing on Friday and raised concerns over “resultant inequality” in case the overall 50 per cent limit was to be removed.
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A five-judge Constitution headed by Justice Ashok Bhushan while raising concerns on “reservation rules”, was vehemently told by senior advocate Mukul Rohatgi that the Mandal judgement on capping the quota needed a re-look in changed circumstances.
Advocate Mukul Rohatgi said that the courts should leave the onus of re-looking the reservation rules to the states in view of the changed circumstances and the Mandal judgement that was premised on census of 1931.
Arguing in favour of the Maharashtra law granting quota to Marathas, Mr Rohatgi referred to various aspects of the Mandal judgement, also known as Indra Sawhney case, and said the Centre’s decision to grant 10 per cent quota to people from economically weaker section also breached the 50 per cent cap.