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1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE/ORIGINAL JURISDICTION CIVIL APPEAL NO.3123 of 2020 DR. JAISHRI LAXMANRAO PATIL ...APPELLANT(S) VERSUS THE CHIEF MINISTER & ORS. ...RESPONDENT(S) WITH CIVIL APPEAL NO.3124 of 2020 SANJEET SHUKLA ...APPELLANT(S) VERSUS THE STATE OF MAHARASHTRA ...RESPONDENT(S) WITH CIVIL APPEAL NO.3133 of 2020 KRISHNAJI DATTATRAYA MORE ...APPELLANT(S) VERSUS DR. JAISHRI LAXMANRAO & ORS. ...RESPONDENT(S) WITH CIVIL APPEAL NO.3134 of 2020 MADHUSHRI NANDKISHOR JETHLIYA & ORS. ...APPELLANT(S) VERSUS THE STATE OF MAHARASHTRA & ORS. ...RESPONDENT(S) 2 WITH CIVIL APPEAL NO.3131 of 2020 DEVENDRA ROOPCHAND JAIN & ORS. ...APPELLANT(S) VERSUS THE STATE OF MAHARASHTRA & ANR. ...RESPONDENT(S) WITH CIVIL APPEAL NO.3129 of 2020 KAMALAKAR SUKHDEO DARODE @ DARWADE ...APPELLANT(S) VERSUS THE STATE OF MAHARASHTRA & ORS. ...RESPONDENT(S) WITH WRIT PETITION (C) NO.915 of 2020 DESHMUKH ESHA GIRISH ...APPELLANT(S) VERSUS THE STATE OF MAHARASHTRA & ORS. ...RESPONDENT(S) WITH WRIT PETITION (C) NO.504 of 2020 ADITYA BIMAL SHASTRI & ORS. ...APPELLANT(S) VERSUS THE STATE OF MAHARASHTRA & ORS. ...RESPONDENT(S) WITH 3 WRIT PETITION (C) NO.914 of 2020 DR. AMITA LALIT GUGALE & ORS. ...APPELLANT(S) VERSUS THE STATE OF MAHARASHTRA & ORS. ...RESPONDENT(S) WITH CIVIL APPEAL NO.3127 of 2020 SAGAR DAMODAR SARDA & ORS. ...APPELLANT(S) VERSUS THE STATE OF MAHARASHTRA & ORS. ...RESPONDENT(S) WITH CIVIL APPEAL NO.3126 of 2020 MOHAMMAD SAYEED NOORI SHAFI AHMED & ORS. ...APPELLANT(S) VERSUS THE STATE OF MAHARASHTRA & ORS. ...RESPONDENT(S) WITH CIVIL APPEAL NO.3125 of 2020 DR. UDAY GOVINDRAJ DHOPLE & ANR. ...APPELLANT(S) VERSUS THE STATE OF MAHARASHTRA & ANR. ...RESPONDENT(S) WITH 4 CIVIL APPEAL NO.3128 of 2020 VISHNUJI P. MISHRA ...APPELLANT(S) VERSUS THE STATE OF MAHARASHTRA ...RESPONDENT(S) WITH CIVIL APPEAL NO.3130 of 2020 RUCHITA JITEN KULKARNI & ORS. ...APPELLANT(S) VERSUS THE CHIEF MINISTER & ANR. ...RESPONDENT(S) WITH WRIT PETITION (C) NO.938 of 2020 SHIV SANGRAM & ANR. ...APPELLANT(S) VERSUS UNION OF INDIA & ANR. ...RESPONDENT(S) J U D G M E N T Ashok Bhushan,J.(for himself and S. Abdul Nazeer, J.), L.Nageswara Rao,J. Hemant Gupta,J. and S. Ravindra Bhat have also concurred on Question Nos. 1, 2 and 3. This Constitution Bench has been constituted to consider questions of seminal importance relating to 5 contours and extent of special provisions for the advancement of socially and educationally backward class (SEBC) of citizens as contemplated under Article 15(4) and contours and extent of provisions of reservation in favour of the backward class citizens under Article 16(4) of the Constitution of India. The challenge/interpretation of the Constitution (102nd Amendment) Act, 2018 is also up for consideration. 2. All the above appeals have been filed challenging the common judgment of the High Court dated 27.06.2019 by which judgment several batches of writ petitions have been decided by the High Court. Different writ petitions were filed before the High Court between the years 2014 to 2019, apart from other challenges following were under challenge: The Ordinance No. XIII of 2014 dated 09.07.2014 providing 16% reservation to Maratha. The Ordinance No.XIV of 2014 dated 09.07.2014 providing for 5% reservation to 52 Muslim 6 Communities. The Maharashtra State Reservation (of seats for appointment in educational institutions in the State and for appointment or posts for public services under the State) for educationally and socially backward category (ESBC) Act, 2014 and Maharashtra State Socially and Educationally Backward Class (SEBC) (Admission in Educational Institutions in the State and for posts for appointments in public service and posts) Reservation Act, 2018 (hereinafter referred to as the “Act, 2018”). 3. The High Court by the impugned judgment upheld Act, 2018, except to the extent of quantum of reservation provided under Section 4(1)(a), 4(1)(b) over and above 12% and 13% respectively as recommended by Maharashtra State Backward Class Commission. The writ petitions challenging the Ordinance XIII and XIV of 2014 as well as Act, 2014 were dismissed as having become infructuous. Few writ petitions were also allowed and few detagged and other writ petitions have been disposed of. 7 4. Writ petition under Article 32 of the Constitution of India, namely, Writ Petition(C) No. 938 of 2020 (Shiv Sangram & Anr. vs. Union of India & Anr.) has been filed questioning the Constitution (102nd Amendment) Act, 2018. 5. While issuing notice on 12.07.2019, a three- Judge Bench of this Court directed that the action taken pursuant to the impugned judgment of the High Court shall be subject to the result of the SLP. It was made clear that the judgment of the High Court and the reservation in question shall not have any retrospective effect. The three-Judge Bench after hearing the parties, on 09.09.2020, while granting leave passed following order: “17. In view of the foregoing, we pass the following orders: - (A) As the interpretation of the provisions inserted by the Constitution (102nd Amendment) Act, 2018 is a substantial question of law as to the interpretation of the Constitution of India, these Appeals are referred to a larger Bench. These matters shall be placed before Hon’ble The Chief Justice of India for suitable orders. 8 (B) Admissions to educational institutions for the academic year 2020-21 shall be made without reference to the reservations provided in the Act. We make it clear that the Admissions made to Post-Graduate Medical Courses shall not be altered. (C) Appointments to public services and posts under the Government shall be made without implementing the reservation as provided in the Act. Liberty to mention for early hearing. “ 6. A Three-Judge Bench referring the matter to Constitution Bench has referred all the appeals and the order contemplated that the matter shall be placed before the Chief Justice for the suitable orders. Referring order although mention that the interpretation of Constitution (One Hundred and Second Amendment) Act, 2018 is substantial question of law as to the interpretation of the Constitution but the reference was not confined to the above question. The learned counsel for the parties have made elaborate submissions in all the appeals as well as the writ petitions filed under Article 32. Elaborate submissions were addressed on the impugned judgment of the High Court. We thus have proceeded 9 to hear the parties and decide all the appeals and writ petitions finally. 7. After appeals being referred to a larger Bench by order dated 09.09.2020, Hon’ble the Chief Justice of India has constituted this Constitution Bench before whom these appeals and writ petitions are listed. This Constitution Bench after hearing learned counsel for the parties passed an order on 08.03.2021 issuing notice to all the States. The Bench by order further directed the States to file brief notes of their submissions. 8. The hearing commenced on 15.03.2021 and concluded on 26.03.2021. At this stage, we may indicate the headings in which we have divided to comprehensively understand the issues, submissions, our consideration, our conclusion and operative part of the judgment. The following are the heads of subjects under which we have treated the entire batch of cases: 10 (1) Questions Framed. (2) Background Facts. (3) Points for consideration before the High Court. (4) Submissions of the parties. (5) The 10 grounds urged for referring Indra Sawhney judgment to a larger Bench. (6) The status of Reservation at the time of Enactment of Act, 2018. (7) Consideration of 10 grounds urged for revisiting and referring the judgment of Indra Sawhney to a larger Bench. (8) Principle of Stare Decisis. (9) Whether Gaikwad Commission Report has made out a case of extra-ordinary situation for grant of separate reservation to Maratha community exceeding 50% limit ? (10) Whether the Act, 2018 as amended in 2019 granting separate reservation for Maratha community by exceeding the ceiling limit of 50% makes out exceptional circumstances as per the judgment of Indra Sawhney ? (11) Gaikwad Commission Report – a scrutiny. (12) Whether the data of Marathas in public employment as found out by Gaikwad Commission makes out cases for grant of reservation under Article 16(4) of the Constitution of India to Maratha community ? (13) Social and Educational Backwardness of Maratha Community. 11 (14) The Constitution (102nd Amendment) Act, 2018. (15) Conclusions. (16) Order. 9. On 08.03.2021 the six questions which were proposed to be considered were enumerated in the following manner: (1)Questions Framed. “1. Whether judgment in case of Indra Sawhney v. Union of India [1992 Suppl. (3) SCC 217] needs to be referred to larger bench or require re-look by the larger bench in the light of subsequent Constitutional Amendments, judgments and changed social dynamics of the society etc.? 2. Whether Maharashtra State Reservation (of seats for admission in educational institutions in the State and for appointments in the public services and posts under the State) for Socially and Educationally Backward Classes (SEBC) Act, 2018 as amended in 2019 granting 12% and 13% reservation for Maratha community in addition to 50% social reservation is covered by exceptional circumstances as contemplated by Constitution Bench in Indra Sawhney’s case? 3. Whether the State Government on the strength of Maharashtra State Backward Commission Report chaired by M.C. Gaikwad has made 12 out a case of existence of extraordinary situation and exceptional circumstances in the State to fall within the 12 exception carved out in the judgment of Indra Sawhney? 4. Whether the Constitution One Hundred and Second Amendment deprives the State Legislature of its power to enact a legislation determining the socially and economically backward classes and conferring the benefits on the said community under its enabling power? 5.
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