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Maratha quota: 50% reservation ceiling can't be breached, SC told
Maratha quota: 50% reservation ceiling can't be breached, SC told

New Delhi, March 16 (TIWN) A five-judge Constitution bench of the Supreme Court on Monday was told that reservation ceiling fixed at 50 per cent cannot be breached and the court should not re-examine the Indra Sawhney case (Mandal Commission) verdict.

Senior advocate Arvind Datar, representing petitioners against Maratha reservation, submitted before a bench headed by Justice Ashok Bhushan whenever the Parliament wanted to overcome the Indra Sawhney case, it did by introducing amendments. Citing Article 16 (4) of the Constitution, he added that this does not use the word proportionate, but rather used "adequate representation" for socially and economically backward classes. 

Datar contended that if there is any need to revisit the 50 per cent ceiling, which was pronounced in the nine-judge bench in the Indra Sawhney case, then it can be done through a constitutional amendment. He added that the 50 per cent ceiling is important part of right to equality, taking into consideration social dynamics, and it has been maintained for close to three decades.

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