For the first time, judges of foreign court will be part of benches of Bombay High Court. A statement issued by the High Court said that three judges of the Singapore Supreme Court including Chief Justice. Bombay High Court said that 3 judges of the Singapore Supreme Court including its Chief Justice Sundaresh Menon, will be part of the High Court ceremonial benches.
As per the notification, Menon will sit along with a full bench of Chief Justice Devendra Kumar Upadhyay, Justice Girish Kulkarni, and Firdosh Pooniwalla. The bench will hear the petitions challenging the Maratha Reservation.
Justice Ramesh Kanan of the Singapore Supreme Court will preside with Justices Nitin Jamdar and Milind Sathaye. Justice Andre Francis Maniam will be sitting with Justice Kalpathi Shriram and Jitendra Jain.
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Earlier this year, the Bombay High Court issued notice to the Maharashtra State Backward Class Commission (MSBCC) headed by former judge Justice (retd.) Sunil Shukre, on whose recommendation the Maharashtra government decided to grant 10 per cent reservation to the Maratha Community in public service and education through the Socially and Economically Backward Classes (SEBC) Act.
Two of the state government’s attempt to give reservation to the Maratha community were failed under legal scrutiny. This is the third attempt. This bill, addressing the long-standing demand for reservation within the Maratha community, has been a subject of intense negotiation between community leaders and the state government.
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Marathas are the politically and socially dominant community in the state. They mostly relied on agriculture, but as income from agriculture dwindled, they felt it deserved a reservation quota since Maratha youths were lagging behind other communities in education and job opportunities.
The Congress-NCP government that ruled the state in 2014, gave a 16 percent quota to Marathas, which was struck down by the Bombay high court. In 2018, the Devendra Fadnavis-led BJP-Shiv Sena government again enacted legislation providing a similar quota, which was also challenged in the high court.
The court reduced the quota to 12 and 13 percent in jobs and education respectively. However, the bill was quashed by the Supreme Court in May 2021 for violating the 50 percent cap and for the failure of the M B Gaikwad Commission Report to prove the “backwardness” of Marathas. The Supreme Court also rejected review petition moved by the state government.