Supreme Court to review Maharashtra's Maratha reservation in curative petition on Jan 24

Supreme Court to review Maharashtra's Maratha reservation in curative petition on Jan 24

In a significant legal development, the Supreme Court of India is set to reevaluate a curative petition filed by the Maharashtra government on January 24, challenging a previous judgment that invalidated a state law providing reservations to the Maratha community in education and government positions. A curative petition is the final legal recourse within the apex court, typically examined in-chamber unless compelling reasons for reconsideration are presented.

The term "curative petition" refers to a legal remedy designed to address perceived errors or injustices in the judicial process. It is considered a last resort within the Supreme Court and is only entertained when there is a compelling argument for a reevaluation of the original decision. Typically conducted in-chamber, the curative petition process involves a thorough examination of the case by a panel of judges. The court reviews the grounds presented in the petition and determines whether there is a prima facie case for reconsideration. If such a case is established, the court may then proceed with a detailed reexamination of the legal issues involved.

The backdrop to this legal saga dates back to May 5, 2021, when a five-judge constitution bench delivered a verdict on petitions related to the Maharashtra government's decision to grant quotas to the politically influential Maratha community. The apex court refused to refer the matter to a larger bench to revisit its 29-year-old Mandal verdict, which imposed a 50% cap on reservations. The court quashed the Maharashtra law, asserting that it violated the principle of the right to equality.

On April 11 of the following year, the Supreme Court dismissed a batch of petitions, including one from the Maharashtra government, seeking a review of its 2021 judgment. Undeterred, the state filed a curative petition, signaling its commitment to pursuing the matter further.

The curative petition was considered by the bench headed by Chief Justice D Y Chandrachud on December 6. The court ordered the circulation of the curative petitions on January 24, 2024, setting the stage for a critical review of the case.

In its May 2021 judgment, the constitution bench contended that no "extraordinary circumstances" were demonstrated to justify a separate reservation for the Maratha community beyond the 50% quota ceiling. The court emphasized that exceeding this limit could lead to a society founded not on equality but on caste rule, cautioning against a slippery slope.

The legal dispute originated from a batch of pleas challenging the Bombay High Court's verdict, which had upheld the grant of reservation to Marathas in admissions and government jobs in the state under the Maharashtra Socially and Educationally Backward Classes Act, 2018.

 

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