Thread by @barandbench

[Day 1] Maratha Reservation Hearing

5-judge Constitution bench of the #SupremeCourt led by Justice Ashok Bhushan to shortly hear pleas challenging the Maharashtra State Reservation for Socially and Educationally Backward Classes (SEBC) Act
#MarathaReservation

The legislation provides for reservation in employment and education to the Maratha community.

The hearing will be conducted via video conferencing

#MarathaReservation
#SupremeCourt

Bench assembles. Hearing commences

#MarathaReservation #SupremeCourt

Sr. Adv Mukul Rohatgi says this issue involves interpretation of A.342A and will affect every State.

Hence, I have filed an application that every State will have to be heard.

This issue cannot be decided appropriately without hearing every state: Rohatgi

#MarathaReservation

Bench says it will hear everybody. Rohatgi says States will not be able to come and argue without adequate time. It will take time for them to file reply and prepare arguments: Rohatgi.

Kapil Sibal concurs with Rohatgi.

#MarathaReservation

Sibal says issue involves Constitutional question affecting all States and Court should not decide this by hearing only Centre and Maharashtra

Your Lordships should issue notice to all States: Sibal.

Senior Advocate PS Patwalia also concurs.

#MarathaReservation

Attorney General KK Venugopal says interpretation of Article 342A will impact the powers of each and every State

Senior Counsel Arvind Datar says if the Maratha matter is decided without going into the larger Constitutional issue, then there would be no need to hear the States.

Datar, therefore, urges court to commence hearing.

Senior Advocate Shyam Divan says issue of legislative competence routinely come up before SC. If the Maharashtra law is struck down, it might impact other States but that does not mean every State will have to be issued notice and heard.

#MarathaReservation #SupremeCourt

Divan therefore urges court to proceed with the hearing on merits

#MarathaReservation

Senior Adv. Gopal Sankaranarayanan submits 102nd amendment is not in challenge before the court in this case.
None of the States have raised that issue and it should not be an issue now: Sankaranarayanan

#MarathaReservation

However, there are 4 different cases all pertaining to reservation pending in SC though they are not listed before this bench.

If your Lordships are going for comprehensive hearing, then all matters should be listed and heard together before one bench: Sankaranarayanan

If the matter is adjourned due to this, we (Maharashtra) does not get any advantage since we are complying with the stay order: Rohatgi.

#MarathaReservation

I only want to add one thing. Mr. Datar says we can bifurcate issues. That will be a recipe for disaster because all issues are inter-connected: Dr. AM Singhvi.

#MarathaReservation

Court says States will have to be issued notice so that no prejudice is caused to States. We accept submissions of Mr. Rohatgi, Sibal and Dr Singhvi

We will issue notice to all States today through Standing counsel and adjourn matter: Justice Ashok Bhushan

#MarathaReservation

Court records submissions of Senior Counsel and AG KK Venugopal.

We are of the view that in view of seminal importance of the issue which has arisen on the validity of 102nd amendment, we issue notice to States. States shall be at liberty to file brief note of submissions: SC

Matter adjourned; Hearing to commence from March 15, 2021.

#MarathaReservation

Issues framed:

Whether judgment in Indra Sawhney needs relook by larger Bench.

Whether Maratha Reservation is covered by Indra Sawhney?

#MarathaReservation

Whether Constitutional 102nd amendment deprives State Legislatures of its power to legislate on SEBCs.

Whether 102nd amendment affects Federal structure?

#MarathaReservation

[BREAKING] Supreme Court to hear all States in Maratha Reservation case; will examine if Indra Sawhney needs reconsideration

#MarathaReservation #SupreCourt

[ READ FULL STORY]

barandbench.com/news/litigatio…