The Supreme Court on Wednesday struck down the Maharashtra law granting quota to Marathas in government jobs and admissions. The court termed the reservation as unconstitutional and held there were no exceptional circumstances to breach the 50% reservation cap set by the 1992 Mandal verdict. The court upheld the constitutional validity of the 102nd amendment but said states cannot decide on the list of Socially and Educationally Backward Classes (SEBC) and only the President has the power to notify it.
Here's a look at what the Indian Constitution says on the reservation cap:
The 102nd Constitution amendment Act of 2018 inserted Articles 338B, which deals with the structure, duties and powers of the National Commission for Backward Class, and 342A which deals with power of the President to notify a particular caste as SEBC and power of Parliament to change the list.
Article 338B of the Indian Constitution states
1) There shall be a Commission for the socially and educationally backward classes to be known as the National Commission for Backward Classes.
2) Subject to the provisions of any law made in this behalf by Parliament, the Commission shall consist of a Chairperson, Vice-Chairperson and three other Members and the conditions of service and tenure of office of the Chairperson, Vice-Chairperson and other Members so appointed shall be such as the President may by rule determine.
3) The Chairperson, Vice-Chairperson and other Members of the Commission shall be appointed by the President by warrant under his hand and seal.
4) The Commission shall have the power to regulate its own procedure.