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On May 5, 2021, a
Constitution Bench of the Supreme Court passed its judgement in the matter of Shiv Sangram v. Union of India & Ors.
which involved interpretation of the provisions of the Constitution 102nd
Amendment Act, 2018.
In its decision, the Supreme Court
struck down the Maharashtra government's 2018 decision to grant reservations to
the Maratha community in government jobs and educational institutions, saying
the plan exceeded the earlier cap of 50%.
In a review petition filed on May 13, the Central government urged the Apex
Court to review its decision, which declared unconstitutional the Maharashtra
law providing reservation benefits to the Maratha community by raising the
quota limit in the state above 50%.
This challenge to
the interpretation of the 102nd Constitutional Amendment in the case of Shiv
Sangram v. Union of India & Ors. through review petition was dismissed on June 28 by a five-judge bench of the Supreme court comprising
of Justices Ashok Bhushan, L
Nageswara Rao, S Abdul Nazeer, Hemant Gupta and Shripathi Ravindra Bhat.
The five judge bench held that, "Application for an oral hearing is rejected. We have gone through the review petition filed against the judgment of May 05, 2021, in the writ petition. The grounds taken in the review petition do not fall within the limited ground on which review petition can be considered. The various grounds taken in the review petition have already been dealt with in the main judgment. We do not find any sufficient ground to entertain this review petition. The review petition is dismissed."
Click Here to Read Full Order.
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