DR JAISHREE LAXMAN RAO PATIL VS THE CHIEF MINISTER & ORS.

 


THE SUPREME COURT OF INDIA

DR JAISHREE LAXMAN RAO PATIL VS THE CHIEF MINISTER & ORS.(2021)

DECIDED ON 5thMay 2021

CASE CITATION- Civil Appeal No. 3123 of 2020

APPEALLANTS- Dr.JaishreeLaxmanrao Patil

RESPONDENTS-(Petitioner) The Chief Minister &ors. (Respondent)

DATE OF JUDGEMENT5 MAY 2021

BENCH JusticeAshok Bhushan, Justice S. Abdul Nazeer, Justice L. Nageshwar Rao, Justice Hemant Gupta, and Justice S. RavindraBhat.

 

Introduction

Caste system has been prevalent in India for decades. Due to this, few sections of Indian society were facing caste-based discrimination. Hence, the government came up with a policy of reservation. This policy was an attempt to end the caste discrimination of ancient India so that the disadvantaged groups can have equal opportunities as compared to the upper caste groups. The article gives an insight on how caste rule is still prevalent in today’s world and also about the SC’s views on the Maratha reservation issue.

 

Facts of the case

On November 29th, 2018, the Maharashtra Socially and  Educationally Backward Classes Act was passed upon the recommendation of the Maharashtra State Backward Classes Commission. The Gaikwad Committee recommended 12% and 13% reservation for Marathas in educational institutions and appointments in public services, respectively.  As the Act exceeded the original quota limit, its validity was challenged before the Bombay High Court with several writ petitions. During the pendency of these writ petitions, the scope of the petition was exceeded, and also several other applications were filed for intervention seeking to justify the validity of the 2018 Act. The Supreme Court accepted these applications and they were directed to be added as party respondents. 



REASON FOR APPEALstrike down of the Maratha reservation law by the Supreme Court as it has exceeded the 50% reservation cap.

 

Whether the verdict in Indra Sawhney v. Union of India [1992 Suppl. (3) SCC 217] should be referred to a bigger bench or re-examined by a larger bench in light of later Constitutional Amendments, judgements, and changes in social dynamics, etc.?

Whether the Maharashtra State Reservation (of seats for admission in educational institutions in the State and appointments in the State's public services and posts) for Socially and Educationally Backward Classes (SEBC) Act, 2018, as amended in 2019, granting 12 per cent and 13 per cent social reservation to the Maratha community in addition to 50 per cent social reservation, is covered by exceptional circumstances as contemplated by Constitution Bench in Indra Sawhney v. Union of India 1992 Suppl. (3) SCC 217?

Whether the State Government has made out a case of existence of extraordinary situation and exceptional circumstances in the State to fall within the exception carved out in the judgement of Indra Sawhney v. Union of India [1992 Suppl. (3) SCC 217] based on the Maharashtra State Backward Commission Report chaired by M.C. Gaikwad?

Whether the Constitution's One Hundred and Second Amendment deprives the State Legislature of its enabling right to pass legislation identifying socially and economically disadvantaged groups and imposing benefits on them?

Whether Article 342(A) read with Article 366(26c) of the Indian Constitution restricted in any manner the States' authority to legislate in respect to "any backward class" under Articles 15(4) and 16(4)?

Whether Article 342A of the Constitution deprives states of their ability to regulate or categorise “any backward class of citizens” and thus has an impact on India's federal policy and structure?



RELAVANT LAWSArticle 14: states the Equality of Law. Article 15: states the prohibition of discrimination on the grounds of religion, race, caste, gender, or the place of birth. Article 16: provides the equality of opportunities in the matter of public employment. Article 21: protects life and personal liberty Article 342: states Schedule Tribes

CASE NOTES (WHIICH SECTION APPLIED AND WHO AFFECT AND HOW)

1.     The “Maratha” is a Hindu community that mainly resides within the State of Maharashtra. After the enforcement of the Constitution of India, the President of India in the exercise of power under Article 240 appointed a 13 Commission to research the conditions of all such socially and educationally backward classes, referred to as Kaka Kalelkar Commission, the primary National Commission for backward classes.

2.     The Kaka Kalelkar Commission submitted its report on 30.03.1955 where it observed that - “In Maharashtra, besides the Brahman, it is the Maratha who claimed to be the ruling community amongst the villages, and thus the Prabhu, that dominated all other communities”.

3.     . Thus, the primary Backward Classes Commission didn't find Maratha as another backward class community within the State of Bombay.

4.     The writ petitioner pleaded that providing reservation to the Maratha community to the extent of 16% amounts to a breach of Articles 14, 16, and 21 of the Indian Constitution and also evading the bar of reservation of 50%.

5.     . On judgment of this Court in Indra Sawhney’s case and law laid down in Mr. Nagraj and others vs. Union of India &Ors. (2006) 8 SCC 212, it had been pleaded that the reservation isn't permissible beyond 50%. Different grounds had been taken within the writ petition that questions the 16% reservation for the Marathas.

6.     . During the pendency of the writ petition, subsequent events occurred resulting in enlarging the scope of the petition, within the writ petition several applications for intervention and implementation are filed seeking to justify the Act, 2018. The Supreme Court allowed the applications for intervention and that they were directed to be added as party respondents.

The "Maratha" is a Hindu group that is mostly found in Maharashtra. Following the implementation of the Indian Constitution, the President of India appointed a Commission under Article 240 to investigate the conditions of all such socially and educationally backward classes. The first National Commission for Backward Classes did not identify the Maratha as a backward class community in the state of Bombay, and stated, “In Maharashtra, besides the Brahman, it is the Maratha who claimed to be the ruling community in the villages, and the Prabhu, that dominated all other communities”.

The Maharashtra State OBC Commission, chaired by Justice R.M. Bapat, issued a report concluding that because Maratha is an advanced caste, it could not be placed on the OBC list. The findings were rejected after a review

 The Maharashtra State Backward Class Commission was established by a notice issued by the Maharashtra state government. The Commission, led by Justice Gaikwad, proposed that Marathas be given a 12 per cent and a 13 per cent quota in educational institutions and public service appointments, respectively.

 Maharashtra enacted the Socially and Educationally Backward Classes Act, 2018, based on the Commission's recommendations. The Socially and Educationally Backward Classes Act, 2018 goes above and above the suggested quotas, providing Maratha’s 16 per cent reservation in Maharashtra's state educational institutions and public sector appointments. Three lead petitions, as well as numerous additional writ petitions, were filed in the Bombay High Court challenging the Socially and Educationally Backward Classes Act, 2018 constitutional legitimacy.

10. The following were the main points made in the three lead petitions:

a. The Socially and Educationally Backward Classes Act, 2018 is illegal because it goes above the Indra Sawhney v. Union of India [1992 Suppl. (3) SCC 217] reservation ceiling of 50%.

b. The Socially and Educationally Backward Classes Act, 2018 bases reservations on the Justice Gaikwad Commission report, which lacks credible, scientific, and sufficient evidence to support either the backwardness of Marathas or the unusual circumstance of raising Maharashtra reservations from 52 per cent to 68 per cent.

c. The Socially and Educationally Backward Classes Act, 2018 creates a separate class of reservation for Marathas who do not belong to the OBC category, infringing on Articles 14, 16, and 19 of the Constitution by bestowing special privileges on them.

d. By explicitly overruling the High Court's 2014 and 2016 orders, the Socially and Educationally Backward Classes Act, 2018 infringes on judicial power.

e. The 102nd Constitution (Amendment) Act, 2018 specified procedural procedures, yet the Socially and Educationally Backward Classes Act, 2018 was approved without them.

11. The Maharashtra State Government, on the other hand, argued that unusual circumstances, such as a spike in the number of suicides among Maratha families owing to debts and decreasing earnings, justified the Socially and Educationally Backward Classes Act, 2018 passage. It further claimed that the 2014 interim order was no longer in effect since the terms of the Socially and Educationally Backward Classes Act, 2018 expressly abolished both the 2014 Ordinance and the Socially and Educationally Backward Classes Act, 2014.

12. The Bombay High Court affirmed the Act's constitutional legality. It concluded that:

a. In exceptional cases supported by measurable evidence, state governments have the authority to enhance reserve beyond the 50 per cent upper restriction.

b. The Justice Gaikwad Commission report was based on scientific and measurable facts that properly supported both the inclusion of Marathas as a socially and educationally backward class and the extraordinary condition of setting reservations over the 50% ceiling limit.

c. The State Government did not explicitly overrule any court order; thus, it did not intrude on judicial power. By removing the 2014 Ordinance and Act, simply eliminated the foundation for the Court's previous order.

d. The Act satisfies Article 14 of the Constitution's reasonable classification test by reserving seats for the newly recognised Marathas, who have been previously denied affirmative action, without unfairly depriving the existing Other Backward Classes.

e. The 102nd Constitution (Amendment) Act of 2018 does not limit state legislatures' ability to implement Articles 15(4) and 16(4) of the Constitution through a fair and sufficiently effective Commission.

13. The Bombay High Court, on the other hand, struck down sections 4(1)(a) -(b) of the Socially and Educationally Backward Classes Act, 2018, which mandate 16 per cent reservation in education and government jobs. The court ruled those reservations in education and public employment should not exceed the Commission's proposed 12 per cent and 13 per cent, respectively.

14. The Honourable Supreme Court accepted an appeal from the Bombay High Court's ruling and sent the notice to the Maharashtra state government. It decided not to appeal the Bombay High Court's decision. The first issue that arose was whether or not this case should be sent to a bigger bench since it contained significant legal issues involving the interpretation of the Constitution.

15. After hearing both parties, the Court decided to refer the matter to a bigger bench in brief, non-reportable order. It also put an end to the SEBC Act's application to educational institutions, except for Post-Graduate Medical Courses.

 

The contention of parties                                         

The primary arguments which were raised in front of the Bombay High Court were mainly that, the Act exceeded the 50% limit on the reservation which was brought in the case of Indra Sawhney v Union of India and that the Act was unconstitutional. Another contention was that the Gaikwad Commission Report was flawed and unscientific. Moreover, the Act violates Article 14, Article 16, and Article 19 of the Constitution of India as it gives a special reservation to the Marathas. And finally, the Act was passed without following the requirements given in the 102nd Amendment of the Constitution of India. On 27th July 2019, the Bombay High Court upheld the validity of the Act. On 12th July 2019, the Supreme Court admitted the Bombay High Court’s decision and chose to not stay the judgment. The Supreme Court further decided to refer the case to a larger bench.                        

 



JUDGEMENT

1. A five-judge Constitutional seat, by a consistent view, additionally precluded that the need to rethink the 1992 nine-judge seat judgment in IndraSawhney (Mandal Commission) case, which fixed 50% bar on the reservation. 2. The 569-page verdict may likely have far-reaching consequences on pending challenges to the validity of the Centre's 10 percent Economic Weaker Section quota, and Tamil Nadu's law for up to 69 percent reservation for the OBC. Against the backdrop of this verdict, the governments would need to prove exceptional circumstances to support their move. 3. The Supreme Court has said that the 2018 Maharashtra Act violates the principle of equality as embedded in Article 16 of the Indian Constitution. The exceeding of the reservation limit without there being any extra-ordinary circumstances violates the Article 14 and article 16 of the Indian Constitution which makes the enactment ultra vires, it added. 4. Several states had demanded review for the nine-judge bench decision insight of subsequent developments and alter in social dynamics. But the court stayed unmoved. 5. Justice Ashok Bhushan composing for the behalf of himself, and Justice S. Abdul Nazeer said: "There is often no fight that society changes, law changes, and individuals changes yet that doesn't imply that something sweet and demonstrated to be useful in keeping up balance inside the general public ought to try and be changed in the name of the progress alone." 6. The Constitution seat directed by Justice Bhushan, saw that the pre-condition for penetrating a 50 percent limit on the quota under Article 16(4) like exceptional and extraordinary conditions wasn't satisfied in giving 12% and 13% reservation to Marathas in jobs and education. 7. "The portrayal of Marathas publicly benefits in Grade A, B, C, and D includes 33.23%, 29.03%, 37.06%, and 36.53%, registered from out of the open classification filled posts, is a sufficient and acceptable portrayal of Maratha community," it noted. 8. The other judges on the bench -- Justices L. Nageswara Rao, Hemant Gupta, and S. Ravindra Bhat agreed that the Maratha quota was unconstitutional, and no review of a fifty percent cap is required. 9. The five-judge Constitution bench upheld the validity of the 102nd Amendment which granted constitutional status to the National Commission for Backward Classes. 10. However, Justices Bhushan and Nazeer's point of view wasn't agreed by the other three judges who held the state was empowered to spot the backward class for granting quota. 11. Justice Rao said there's no obscurity in Article 342 A (1), instead it very clear that there should be one list of socially and educationally backward classes which can be issued by the President.


CONCLUSION

The Supreme Court struck down the arrangements of a Maharashtra law giving reservation to the Maratha community, which took the whole portion inside the state over the 50% bar set by the court in the 1992 IndraSawhney judgment. "The half standard… is to fulfill the objective of correspondence as engrafted in Article 14 of which Articles 15 and 16 are facets… to vary the 50% is to have a general public which isn't established on equity however upheld rank principle," a five-judge Constitution Bench headed by Justice Ashok Bhushan administered in four separate choices. "The popular government is a significant element of our Constitution and a piece of our fundamental design. If the reservation goes above 50% limit… it will be a slippery slant, the political pressing factor, makes it difficult to scale back an equivalent," it said.
 Honourable Supreme Court of India observes that the issue had already been decided by the court in the case of Indra Sawhney v. Union of India, 1992 Suppl. (3) SCC, which established the rule that the reservation under Article 16(4) of the Constitution of India should not exceed 50% except in exceptional circumstances. In the case of M. Nagaraj vs. Union of India, (2006) 8 SCC 212, the same decision was upheld. As a result, there is no serious question of law involving the scope of reservation in these appeals in terms of constitutional interpretation. However, because there is a substantial question of law involving the interpretation of Articles 338-B and 342-A of the Constitution of India, which were inserted by the Constitution (102nd Amendment) Act, 2018, the submission relating to their interpretation requires consideration by a larger bench for the disposal of the appeal. The court justified its decision by stating that there is no authoritative pronouncement on the interpretation of the provisions inserted by the Constitution (102nd Amendment) Act, 2018, which directly address the state government's authority to declare a caste as socially and educationally backwards.

2. Honourable Supreme Court of India also observed that the court followed the judgement in Health for Millions v. Union of India, which said that in cases involving a challenge to the constitutionality of the law, the court should not give an interim order. The court did note, however, that there is no absolute rule for restraining the interim order in cases where the enactment is ex facie unconstitutional or contrary to the law laid down by the Apex Court, or where factors such as the balance of convenience, irreparable injury, or public interest are involved. Similarly, the court stated that the referring Bench is not prohibited from issuing interim orders while referring the case to a bigger Bench. As a result, the court dismissed the application and concluded that it is competent to provide interim instructions, particularly given the applicant's contention that the Maharashtra State Socially and Educationally Backward Class Reservation Act, 2018 (amended in 2019) violates the law established by Honourable Supreme Court of India in Indra Sawhney v. Union of India, 1992 Suppl. (3) SCC.

3. The Honourable Supreme Court observed that the High Court of Bombay made a mistake in maintaining the decision that the State of Maharashtra was justified in giving reservations above 50% due to unusual circumstances. People who live in far-flung and isolated places, who are not part of the mainstream of national life, and who need to be treated differently, are examples of such unusual situations. Furthermore, it is obvious that utmost caution should be used and that a specific case should be created for such leniency. The court decided that the state of Maharashtra had failed to demonstrate any unusual circumstances. Furthermore, the Maratha group, which makes up 30% of Maharashtra's population, cannot be equated to underprivileged elements of society living in far-flung and isolated places. Furthermore, the state of Maharashtra has failed to establish a special situation and has shown no reluctance to provide reservations above 50%. The court decided that a community's social, educational, and economic disadvantages, as well as a lack of adequate representation, do not qualify as exceptional conditions for giving reservations above 50%. Finally, the court ruled that implementing the Maharashtra State Socially and Educationally Backward Class Reservation Act, 2018(amended in 2019) for admissions to educational institutions and appointments to public posts while these appeals are being heard by a larger bench will result in irreparable harm to candidates from the general category, and that it will be difficult to reverse such admissions and appointments made under the Maharashtra State Socially and Educationally Backward Class Reservation Act, 2018(amended in 2019).

4. Honourable Supreme Court of India also observes that there was no need to review the landmark decision in Indra Sawhney v. Union of India, 1992 Suppl. (3) SCC. Changing the 50% restriction would result in a society that is based on caste dominance rather than equality. Democracy is an important aspect of our Constitution and a fundamental part of our system. If the reservation exceeds the acceptable 50 per cent level, it will be a slippery slope, since political pressure will make it difficult to lower it. As a result, the response to the issue is that the 50% figure was arrived at based on the principle of reasonability and accomplishes equality as established in Article 14, of which Articles 15 and 16 of the Constitution of India are aspects.

5. Honourable Supreme Court of India also observes that the Indra Sawhney v. Union of India, 1992 Suppl. (3) SCC ruling has been followed for more than a quarter-century without any doubt being raised in any of the judgements concerning the 50 per cent rule and that the 50 per cent rule has been observed consistently. The bench further noted that the Indra Sawhney v. Union of India, 1992 Suppl. (3) SCC ruling has been followed for more than a quarter-century without any doubt being raised in any of the judgements concerning the 50 per cent rule and that the 50 per cent rule has been observed consistently. 

6. Honourable Supreme Court of India also observes that the Commission based its decision on the Constitution Bench decision in M. Nagaraj vs. Union of India, (2006) 8 SCC 212 and concluded that the quantifiable data ceiling of 50% may be exceeded. As a result, it should be mentioned that based on a population of 30%, the Commission has calculated that the total percentage of the State population entitled to the constitutional benefits and advantages listed in Articles 15(4) and 16(4) of the Constitution of India would be around 85%, posing a compelling extra-ordinary situation that necessitates an extra-ordinary solution within the constitutional framework.

7. Referring to the case M. Nagaraj vs. Union of India, (2006) 8 SCC 212, the Constitution Bench noted that the majority decision in Indra Sawhney v. Union of India, 1992 Suppl. (3) SCC concluded that the 50 per cent rule was binding, not only a prudential guideline. The Constitutional Court had ruled, in terms of promotions, the state is not obligated to make reservations for SCs/STs. However, if the State wishes to use its discretion and establish such a provision, it must collect quantitative evidence demonstrating the class's backwardness and inadequacy of representation in public employment, in addition to complying with Article 335 of the Constitution of India. Even if the State has strong reasons, as indicated above, the State must ensure that its reservation provision does not lead to excessiveness, such as breaching the 50 per cent ceiling limit, obliterating the creamy layer, or extending the reservation forever. As a result, the Constitution Bench made it plain that even reserve for promotion has a 50 per cent restriction that cannot be exceeded. As a result, the Commission entirely misunderstood the ratio of the ruling. The Marathas represent the majority of the forward-thinking elite and are well-integrated into national life.

8. Honourable Supreme Court also observes that there were no exceptional circumstances that justified giving special quota to the Maratha Community over the 50% maximum limit on reserve. The Maharashtra State Socially and Educationally Backward Class Reservation Act, 2018 violates Article 16 of the Constitution of India equality principle. The surpassing of the ceiling limit without extraordinary circumstances contradicts Articles 14 and 16 of the Constitution of India, rendering the legislation ultra vires. The bill's statement and goal suggest that the State has formed a judgement based on the Commissions' findings and has accepted the Commission's reasoning for concluding that unusual circumstances justify exceeding the maximum limit.



 

REFERENCES

       WWW.SCCONLINE.COM

       WWW.WESTLAW.COM

       WWW.KANOONIYAT.IN

SHIVAM GOEL

VIVEKANAND INSTITUTE OF PROFESSIONAL STUDIES

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