New bench, old battle: Maratha reservation case to be reheard for third time by Bombay High Court

After the 2024 Act was passed, petitions were filed in the High Court calling the Act unconstitutional and claiming it breached the 50 percent cap on reservations laid down by the Supreme Court in the Indra Sawhney judgment.

The petitioners contend that the new Act offers no fresh legal grounds beyond an expanded survey by the retired Justice Sunil B Shukre-led MSBCC. 

The State has argued that it has cured the earlier constitutional defects by establishing exceptional circumstances and extraordinary situations based on extensive empirical findings to extend reservation to the Maratha community.

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