Maharashtra prepared to defend its decision in court
The state government will cite this amendment to support the reservation bill.
Mumbai: Anticipating resistance to the Maratha bill in court, the state government has prepared legal remedies. The Asian Age is in exclusive possession of the state’s possible legal response.
As per the 81st Constitutional amendment of the year 2000, the state can cross the limit of 50 per cent set by the Supreme Court on overall reservation to fill the backlog of backwardness in the educational sector. The state government will cite this amendment to support the reservation bill.
As reservation to Marathas will cross the limit of overall reservation of 50 per cent laid by Supreme Court in the state, people have raised doubts on whether the bill will stand before the court. However, the state government has already prepared for the court battle.
The 81st Constitutional amendment of year 2000 is the major point in state’s defence.
In this amendment, it is stated that, “Nothing in this article shall prevent the state government in filling the vacancies in jobs and education succeeding the year or previous years.”
It means, as Maratha is proven backward class now with report of backward commission, the state is entitled to fill the educational and jobs’ backlog of the community.