It is important to consider reservation.
It is welcome to be serious about the Supreme Court in deciding whether to give more than fifty percent reservation. The Constitution Bench of five judges has started considering the provisions of reservation and its changing requirements.
In the past years, there have been multiple states where more than 50% reservation was tried and the matter reached the Supreme Court. There is a lot of confusion in the whole country whether a state can be allowed to give more than 50% reservation?
After the decision of the Constitution Bench in the Indira Sawhney case of 1992, it has been a tradition that reservation cannot be given more than 50%. By the way, our governments should have considered at the legislature level what should be the limit of reservation.
It is unfortunate that reservation is a matter of politics, but there is not much legal seriousness about it. Had there been a statutory seriousness, the MP-MLA would have taken time to communicate on the reservation limit and the matter would not have reached the Supreme Court.
Now the court has to see how socio-economic changes have taken place in the last decades. For this, the court asked all state governments and union territories to file replies. In fact, the steps taken by the Constitution Bench of the Supreme Court on the petition filed for Maratha reservation have far-reaching and profound impact. The Maharashtra government wants to give special reservation to the Maratha class, due to which the 50 percent reservation limit is being violated, so the court had stayed this reservation.
After this, the complaint and other petitions of the Government of Maharashtra form the background of the in-depth consultations. There is no doubt, if more than 50 percent reservation was approved in the case of Maharashtra, it will affect all the states, so taking the opinion of all the states in it is a right decision. All states will have to find a way out so that there is no dispute in future.
Expectations to solve many questions have increased. Do states have the right to grant reservation at their level? Will there not be a cut in the authority of the central government? Will there be injustice to any section of society by giving more than 50 percent reservation? How will the new right be formed with the right to equality of reservation?
When the Supreme Court starts hearing, then answers to many complex questions will be found. In the light of the constitution, a fact-based logical debate on reservation is necessary, so that the deprived will get reasonable benefits. The best way is to give opportunities to the underprivileged only in proportion to the population.
It is also to see who is deprived in today's time. In an effort to give opportunities to the underprivileged, injustice did not happen to anyone. Since the sanctioned reservation limit of 50 percent is between 28 years, reconsideration is true in every sense in a new light.
The results of the rethinking will determine the political, social and economic foundations of the country. People will hope that the decision comes in such a way that strengthens the society.