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Bombay High Court upholds Maratha reservation, but says 16 per cent unjustifiable

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Bombay High Court upholds Maratha reservation, but says 16 per cent unjustifiable

The Bombay High Court today (Thursday, June 27) upheld the reservation granted to Maratha community in admission to educational institutions and appointments to posts in public services, but said the 16 per cent quota was “unjustifiable”.

The Maharashtra government had decided to provide reservation in government jobs and educational institutions to Marathas yielding to demands after violent agitation by the community through July and August last year. The movement was called by the Sakal Maratha Samaj, an umbrella body of Maratha groups.

A Bench of Justices Ranjit More and Bharti Dangre held that Maharashtra State Reservation (of Seats for Admission in Educational Institutions in the State and for Appointments to the Posts in the Public Services under the State) for Socially and Educationally Backward Category (SEBC) Act, 2018 (SEBC Act) is Constitutional.

However, the court cut down on the quantum of 16 per cent approved by the government on the grounds that it was not “justifiable”. It said that instead of the 16 percent reservation proposed by the State government, the reservation should be capped at 12 percent for jobs and 13 percent for admission to educational institutions as per the recommendation of the State Commission for Backward Classes.

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The SEBC Act was enacted pursuant to the recommendations of the State Commission for Backward Classes constituted under the Maharashtra State Backward Classes Commission Act, 2005 (2005 Act) and headed by retired judge, Justice MG Gaikwad.

The verdict came on a petition claiming that the Maharashtra government’s decision amounted to providing the Maratha community with “permanent crutches”. The petitioners also maintained that the reservation of 16 percent afforded to Marathas went against the ceiling limit of 50 percent prescribed by the Supreme Court judgment of Indra Sawhney v. Union of India.

The final arguments commenced on February 6, in the petitions filed by advocates Jaishri Patil, Sanjeet Shukla and Dr Uday Dhople along with others, challenging the notification published by the government on November 30, 2018, providing reservation to the community in government jobs and educational institutions.

The petitioners had contended that Supreme Court judgments mandate periodic revision of lists every ten years to exclude from such lists those classes which have ceased to be backward classes or for including in such lists new backward classes. The said exercise was not done.

They argued that the State Government has passed the SEBC Act on the basis of unquantified data and without revising the list in the light of the provisions of the existing list of backward classes.

The Gaikwad Commission report was also called into question for failing to adhere to the mandate of Indra Sawhney judgment and the Mandal Commission report.

Some of the petitioners had also contended that with the insertion of Articles 342A and 366(26) in the Constitution by way of Constitution (One Hundred and Second) Amendment Act, 2018, the power to identify and specify the socially and educationally backward classes came to be vested solely with the President and the Parliament. The 2005 Act, therefore, stood repealed by implication as it lost its existence as a result of the Constitution (One Hundred and Second Amendment) Act, 2018, the petitioners had stated.

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The High Court upheld the Gaikwad Commission report and also ruled that the State government’s competence to enact the law is unaffected by the Constitution (One Hundred and Second) Amendment Act, 2018.

The court, as per media reports,said, “The state has legislative competence to give reservation to the socially and educationally backward class and the constitutional amendment of 2018 does not take away the said power of the state.”

The bench further said that the 50 percent ceiling of reservation can be crossed, when there exists extraordinary circumstances, which the state’s backward commission has shown in their report.

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The state legislature had passed a bill granting 16 per cent reservation in education and government jobs for the Marathas, declared a socially and educationally backward class by the administration, on November 30 last year. This was supposed to be in addition to the existing 52 per cent overall reservation in the state, thereby raising it to 68 per cent.

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Mamata Banerjee warns BJP, EC over Bengal polls, says they will be accountable

Mamata Banerjee holds BJP and Election Commission responsible for any incidents during Bengal polls, raising concerns over officer transfers.

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West Bengal Chief Minister Mamata Banerjee has held the Bharatiya Janata Party (BJP) and the Election Commission of India responsible for any untoward incidents in the state during the upcoming assembly elections, following the transfer of key officials.

Addressing concerns over administrative reshuffles, Banerjee said that changes involving senior bureaucrats, including the chief secretary and home secretary, could affect governance and law and order in the state during a crucial period.

The Trinamool Congress chief also announced candidates for 291 constituencies for the elections scheduled to be held in two phases on April 23 and 29.

Criticising the Election Commission, Banerjee alleged that the transfers were being carried out in a manner that benefits the BJP. She questioned the timing of the decisions and said such actions weaken the state administration at a sensitive time.

She further raised concerns about disaster management and essential services, stating that experienced officials familiar with the state’s situation have been replaced. According to her, this could impact administrative efficiency if any emergency arises before the new government is formed.

Protecting Bengal’s identity

Banerjee emphasised that the election is not merely about forming a government but about safeguarding Bengal’s identity and existence. She accused the BJP of misusing central agencies and attempting to influence the electoral process.

She urged that elections should be conducted peacefully, without external interference, and in line with democratic principles. The chief minister also expressed confidence that her party would return to power with a stronger mandate.

Appealing to voters, she called for support for the Trinamool Congress, asserting that the people of Bengal will ultimately decide the outcome and protect their democratic rights.

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Centre assures action on LPG supply disruption, court closes distributors’ plea

The Bombay High Court closed a plea by LPG distributors after the Centre assured diplomatic efforts to stabilise supply amid global disruptions.

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LPG cylinder

The Union government on Tuesday informed the Bombay High Court that it is taking diplomatic steps to address disruptions in Liquefied Petroleum Gas (LPG) supply linked to the ongoing Iran-Israel conflict, following which the court disposed of a petition filed by LPG distributors.

Appearing before the Nagpur bench, Solicitor General Tushar Mehta said the Centre was actively engaged in international-level negotiations to stabilise LPG supply. However, he noted that specific measures could not be disclosed due to their sensitive nature.

The matter was heard by a division bench comprising Justices Anil S Kilor and Raj D Wakode. The bench accepted the government’s assurances and closed the plea.

Distributors flagged supply disruption in Vidarbha

The petition was filed by six LPG distributors, including Omkar Sales, who raised concerns over disruptions in supply chains across Maharashtra’s Vidarbha region. They claimed the situation had led to a significant shortage of LPG for domestic consumers.

The distributors, dependent on Confidence Petroleum India Ltd (CPIL), alleged that despite directives prioritising domestic consumption, LPG was being diverted for export to capitalise on high international prices.

Government cites policy compliance, CPIL denies diversion

The petitioners referred to recent orders issued under the Essential Commodities Act and the Natural Gas (Supply Regulation) Order, 2026, which mandate prioritising household LPG supply during crises.

However, CPIL rejected the allegations, stating it was fulfilling pre-existing export commitments and had not violated any policy norms.

Court had earlier termed issue ‘serious’

During earlier hearings, the court had described the matter as “serious” and of “grave importance”, issuing notices to the Centre and the Ministry of Petroleum and Natural Gas.

On Tuesday, the Centre reiterated that macro-level supply challenges arising from global geopolitical tensions were being handled through diplomatic channels. It also said that any localised supply issues could be resolved by state authorities.

Taking note of these submissions, the bench disposed of the petition.

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Om Birla likely to move motion to revoke suspension of 8 opposition MPs today

The Lok Sabha is likely to revoke the suspension of eight opposition MPs today, with a motion expected to be moved by the government following consensus on maintaining discipline.

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Om Birla

The suspension of eight opposition Members of Parliament in the Lok Sabha is expected to be revoked on Tuesday, with Speaker Om Birla likely to initiate the process, according to sources.

The MPs, including seven from the Congress and one from the CPI(M), were suspended on February 3 for unruly conduct during the first phase of the Budget session after a resolution was adopted by the House.

Motion to be moved in Lok Sabha

Congress leader K Suresh said that Parliamentary Affairs Minister Kiren Rijiju is expected to move a motion around noon seeking revocation of the suspensions.

Although the suspension was initially imposed for the entire session, scheduled to conclude on April 2, opposition parties have consistently demanded reconsideration since the second phase of the session began on March 9.

Agreement on maintaining decorum

At a recent meeting convened by the Speaker, both ruling and opposition sides reportedly agreed on maintaining discipline in the House.

Key understandings include:

  • No member will enter the well of the House to protest
  • Papers will not be torn or thrown toward the Chair
  • MPs will not climb onto officials’ tables

The Lok Sabha Secretariat has also reminded members to keep areas within the Parliament premises obstruction-free to ensure smooth movement.

Speaker raises concern over conduct

Earlier, Om Birla had expressed concern over the use of banners, placards, and inappropriate language by some MPs. In a letter to party leaders, he stressed the need to uphold the dignity and traditions of parliamentary democracy.

He had also indicated that actions like suspension are taken in cases of serious misconduct, such as climbing onto tables during proceedings.

Suspended MPs

The suspended MPs include Gurjeet Singh Aujla, Hibi Eden, C Kiran Kumar Reddy, Amarinder Singh Raja Warring, Manickam Tagore, Prashant Padole, Dean Kuriakose (Congress), and S Venkatesan (CPI-M).

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