The Supreme Court on Friday said it would hear the pleas pertaining to the 2018 Maharashtra law granting reservation to Marathas in education and jobs from March 8, reported PTI. The pleas will be taken up in a hybrid manner, which means it will be a combination of both physical and virtual hearing.

A five-judge constitution bench led by Justice Ashok Bhushan said if physical hearing would resume in the court, the parties can argue physically and if anyone wishes to make arguments virtually, he can do that. “Be that as it may, the hearing in these matters will start from March 8, 2021, by physical or virtual mode,” the bench, also comprising Justices L Nageswara Rao, S Abdul Nazeer, Hemant Gupta and S Ravindra Bhat, said in its order.

The Supreme Court is hearing matters through video-conferencing since March in view of the coronavirus pandemic and is likely to resume physical hearing in a hybrid manner soon.

The bench said March 8, 9 and 10 have been fixed for arguments by the petitioners, while March 12, 15 and 16 for the submissions of the respondents, reported Live Law. The court also said that intervenors and others will be heard on March 17. The Attorney-General will make submissions the next day, along with the rejoinder submissions.

During the hearing, Senior Advocate Mukul Rohatgi reiterated his request to hear the matter in a physical court due to the voluminous files involved in the case. “The record shows that there are more than 30 volumes, both sides,” he said. “Compilations have not been filed. It’s being agreed between the parties that 30-40 copies of 30 volumes need to be printed. The printing will take at least two weeks. It’s my request that it is kept on 1st March.”

The bench then agreed to the submission and listed the matter for March 8. Senior Advocate Kapil Sibal said the state government wanted the case to be referred to an 11-judge bench. Rohatgi also supported it. “The issue is whether we will always be bound by the 9-judge Bench,” he said. “It’s not that Indra Sawhney is cast in stone. If it requires a re-look, then a re-look will be had”.

The court then said that it would hear arguments on the matter if the landmark verdict in the Indira Sawhney case, also known as the “Mandal verdict”, should be re-looked or not.

The Maratha reservation

On September 9, the Supreme Court had stayed reservations in educational institutions and government jobs provided to the Maratha community under the Socially and Educationally Backward Classes Act, 2018. The Maratha community roughly forms one-third of the state population.

The three judge-bench headed by Justice L Nageswara Rao referred the matter to Chief Justice SA Bobde to constitute a larger bench and examine the validity of such a quota. The court, however, clarified that admissions already made under the Maratha quota in postgraduate medical courses will not be affected. It added that the status of those who have availed of the benefits will also not be disturbed.

The petitioners have argued that the provision for 12% reservation jobs and 13% in admissions would breach the ceiling of 50% reserved seats imposed by the Supreme Court itself in a landmark verdict in 1992.

In 2018, the then Devendra Fadnavis-led government in Maharashtra had approved 16% reservation for the Marathas in jobs and education after statewide protests. However, the Bombay High Court, while upholding the constitutional validity of the law stated that 16% reservation was not justifiable. It directed the state government to reduce the quota to 12-13% as per the recommendations of the State Backward Classes Commission. The court also maintained that 50% cap on total reservations imposed by the Supreme Court could be exceeded in exceptional circumstances.