The Act is unconstitutional as it exceeds the 50% ceiling limit imposed on reservations by Indra Sawhney v Union of India.The primary arguments in the three lead petitions were: The constitutional validity of the Act was challenged before the Bombay High Court by three lead petitions, along with several other writ petitions. The Act exceeds the recommended quotas, granting 16% reservation for Marathas in Maharashtra’s state educational institutions and appointments to public service. Upon the Commission’s recommendations, Maharashtra passed the Socially and Educationally Backward Classes Act, 2018 (SEBC Act, 2018) on November 29th 2018. The Commission, chaired by Justice Gaikwad, recommended 12% and 13% reservation for Marathas in educational institutions and appointments in public services, respectively. On January 4th 2017, the Maharashtra state government issued a notification establishing the Maharashtra State Backward Class Commission. On April 7th 2016, the Bombay High Court stayed the implementation of the Act due to its semblance to the ordinance. This granted 16% reservation to educationally and socially backward classes, among whom the Maratha community was counted. Thereafter, Maharashtra enacted the Socially and Educationally Backward Classes Act, 2014. A challenge to the interim order was dismissed by the Supreme Court on December 18th 2014. On November 14th 2014, the Bombay High Court issued an interim order staying the ordinance’s implementation. This followed decades of protests for a demand for ‘Maratha Reservation’. On July 9th 2014, the State of Maharashtra promulgated an ordinance granting 16% reservation in education and public employment to the Maratha community.
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