The Supreme Court on Monday said the 50% cap on reservation laid down by a 9-judge bench in 1992, could be re-examined.

The 1992 Indra Sawhney judgment of the Supreme Court laid down a 50% cap on reservation.

The top court decided to review the judgment after 29 years in view of subsequent constitutional amendments and the socio-economic changes that has followed.

According to media reports, a bench headed by Justice Ashok Bhushan issued notice to all state governments and Union territories whether reservation could be allowed to breach the existing 50% limit and sought views on Central government’s Economically Weaker Section (EWS) quota amendment.

“States have to be given opportunity to have their say,” said the bench, which also comprised Justices L Nageswara Rao, S Abdul Nazeer, Hemant Gupta and S Ravindra Bhat.

The apex court’s observation came as it heard a batch of petitions challenging the validity of the Maratha reservation.

The Supreme Court on December 9 last year refrained from modifying the stay order in implementing reservation for Marathas in job and education in Maharashtra.

The apex court said the matter is not limited to just one state, so it is important to hear other states too as its decision on the matter would have wider ramifications.

The Supreme Court will begin day-to-day hearing in the matter on March 15.


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