Editor's Pick: Revisiting the Mandal case

The Hindu Newsletter - Newsletter - subject [The Hindu Logo]( [Facebook]( [Twitter]( [Youtube]( [Linkedin]( [Instagram]( Tuesday 09, March 2021 [alt_text]( Editor's Pick Revisiting the Mandal case [alt_text]( (The Editor's Pick is a new newsletter from The Hindu that provides a snapshot of the most important stories from today's edition of our newspaper, along with a note from our top editors on why we chose to give prominence to these stories.) In a move that could ultimately lead to one of the most consequential Constitution Bench hearings of recent times, the [Supreme Court on Monday decided to examine]( whether its nearly three-decade-old judgment, which fixed reservation for the marginalised and the poor in government jobs and educational institutions at 50%, [needs a re-look by a larger Bench](. The court cited, in particular, the “changed social dynamics of the society” and sought the views of the states on the matter. [The Indra Sawhney Case judgment of 1992]( was delivered by a nine-judge Bench and is popularly known as the Mandal case. In that ruling court had drawn the “Lakshman rekha” for reservation in jobs and education at 50%, except in “extraordinary circumstances”. Over the years, several States such as Maharashtra and Tamil Nadu have crossed the rubicon and passed laws which allow reservation in excess of 60%. Maratha quota law While the five-judge Bench, led by Justice Ashok Bhushan, on Monday, was set up to hear the challenge to the [Maratha Quota Law in Maharashtra](, it decided not to confine the question of reservation going over 50% to just that State. If the five-judge Bench accepts that the Indra Sawhney judgment should be modified, the matter will have to be referred to an 11 judge Bench and it will bring in other significant cases. Pending before the court, for instance, is the question of legality of the Tamil Backward Classes, Scheduled Castes and Scheduled Tribes (Reservation of seats in Educational Institutions and of appointments or posts in the Services under the State) Act of 1993 which provides 69% reservation in admissions and public services. In recent hearings on the case, the petitioners submitted that the quota for reservation was arbitrary and excessive; while the State government had argued that the increase in reservation percentage in the State was based on “quantifiable data” and that [the situation in Tamil Nadu was different]( from that in other States. All matters to do with reservation are loaded with political significance and these are the kinds of questions, and arguments, that the top court could now potentially take up. That marks this story out as our top pick of the day. Was this newsletter forwarded to you? Head over to our newsletter subscription page to sign up for Editor's Pick and more. [Click here]( Try out The Hindu's daily news quiz In which year did the United Nations proclaim March 8 as UN Day for women’s rights and world peace? 1. 1990 2. 1975 3. 1977 4. 1987 To find out the answer and play the full quiz, [click here]( The Big Story [SC asks States to make it clear whether reservation should remain within 50% or not]( [alt_text]( From the Front Page [alt_text]( [Supreme Court has highest respect for womanhood: CJI Bobde]( [alt_text]( [MPs from poll-bound States seek curtailed Budget session]( From the Opinion Pages [alt_text]( [The contours of the endgame in Afghanistan]( [alt_text]( [Ensuring trust in the electoral process]( Today's Editorials [On competiti](ve West Bengal Assembly polls [On Satyadeo]( Narain Arya's assent You are receiving this email because you are a user of [thehindu.com]( If you do not wish to receive any such emails, [unsubscribe here.](mailto:rm-0bfbjt3ebf2f90kaup33rtbysa8hk03@newsalert.thehindu.com?subject=Unsubscribe&body=You will be unsubscribed from our mailing list.) To ensure you continue to receive emails from The Hindu in your inbox, please add newsletters.th@newsalert.thehindu.com to your contact. If you can't see the mailer, please [click here.]( Group Sites [The Hindu]( | [இந்து தமிழ் திசை]( | [Business Line]( | [BL on Campus]( | [Sportstar]( | [Frontline]( | [The Hindu Centre]( | [Images]( | [roofandfloor]( | [Classifieds]( Copyright @ 2021 ,THG PUBLISHING PVT LTD. [About Us]( | [Contact Us]( | [Digital Subscription](