The Supreme Court on Thursday agreed to hear in July a fresh plea concerning the constitutional validity of the Maratha reservation in Maharashtra, even as the Bombay High Court is set to resume hearings on the issue from July 18.
The matter was mentioned before a bench of Justices K V Viswanathan and N Kotiswar Singh for urgent listing. The counsel appearing in the case pointed to a June 11 order by the Bombay High Court, which decided to hear afresh the batch of petitions challenging the validity of the Maharashtra State Reservation for Socially and Educationally Backward Classes (SEBC) Act, 2024.
The top court took note of the developments and scheduled the matter for the week starting July 14. The counsel also highlighted that the Supreme Court had previously directed the High Court to constitute a special bench to consider interim relief. However, the High Court refused to grant any such relief, stating that it would proceed to hear the matter on merits.
The SEBC Act, 2024—passed by the Eknath Shinde-led government on February 20, 2024—grants 10% reservation in education and government jobs to the Maratha community, which constitutes nearly one-third of Maharashtra’s population. The legislation was based on the findings of the Maharashtra State Backward Class Commission (MSBCC), headed by retired Justice Sunil Shukre, which claimed “exceptional circumstances” justified breaching the 50% cap on reservations.
The law has reignited political and legal debates over affirmative action limits, particularly given the Supreme Court’s 2021 judgment that struck down a similar law—the SEBC Act, 2018—citing violation of the 50% cap set in Indra Sawhney v. Union of India. In that judgment, the court ruled the Maratha community could not be considered socially and educationally backward.
Earlier challenges to the 2024 law were heard by a full bench of the Bombay High Court led by then Chief Justice D K Upadhyaya. However, those hearings stalled following his transfer to the Delhi High Court in January this year.
In response, on May 14, the Supreme Court directed the constitution of a special bench in the High Court to hear the matter expeditiously. Subsequently, the High Court clarified that all admissions to educational institutions and government job appointments made under the 2024 Act would remain subject to the outcome of the ongoing proceedings.
