HYDERABAD: Now that the Supreme Court has struck down the Maharashtra government's Act which provided reservation to Marathas, stating that it will exceed the 50 per cent cap, the Telangana government too cannot exceed the 50 per cent limit on reservation in education and employment sector.
While striking down the Maharashtra's Act implemented in 2018, the Supreme Court bench felt that the Act would breach the ceiling of 50 per cent quota limit imposed by the Apex Court itself in a landmark verdict given back in 1992. "As per the SC's verdict, State governments cannot exceed 50 per cent reservations," said senior advocate K Ramakrishna Reddy.
When the Supreme Court sought the opinions of all the States on Maratha reservation case, the Telangana government requested the Apex Court to lift the 50 per cent upper limit imposed in Indira Sawhney judgement and leave it to the respective State legislatures to determine the quantum of reservations depending on the particular circumstances existing in each State, and also how it evolves over time.
owever, the State government’s plea was rejected by the Apex Court. It may be recalled that a resolution was adopted in the State Legislative Assembly in 2017 urging the Centre to increase the current four per cent reservation for Muslims under BC (E) category to 12 per cent.
The State Assembly also adopted resolutions to increase reservations being given to SCs and STs. In that case, the total reservations would have breached the 50 per cent cap.
"Without conducting a survey and without a valid data on the backwardness of Muslims, the State cannot increase reservation to 12 per cent. The State should not exceed 50 per cent reservation cap, as directed by the Supreme Court," legal experts said.