The State Government did not encroach upon judicial power as it did not directly overrule any court order. The Justice Gaikwad Commission report was based on scientific and quantifiable data which adequately justified both including Marathas as a socially and educationally backward class as well as the extra-ordinary condition of creating reservations beyond the 50% ceiling limit. State governments have the power to increase reservation beyond the ceiling limit of 50% in extraordinary circumstances justified by quantifiable data. On June 27th 2019, the Bombay High Court upheld the constitutional validity of the Act. It further contended that the 2014 interim order was no longer effective as the 2018 Act’s provisions had specifically repealed both the 2014 Ordinance and the 2014 Act. On the other hand, the Maharashtra State Government had contended that extraordinary conditions such as the increase in number of suicides due to indebtedness and deteriorating incomes among Maratha families justify the enactment of the Act. The Act was passed without complying with procedural requirements mandated by the 102nd Constitution (Amendment) Act, 2018. The Act encroaches on judicial power by directly overruling the High Court’s 20 orders. The Act creates a special class of reservation for Marathas outside the OBC class and violates Articles 14, 16 and 19 of the Constitution by bestowing them with special benefits. The Act provides reservation on the basis of Justice Gaikwad Commission report, which lacks reliable, scientific and adequate data to justify either the backwardness of Marathas or the extra-ordinary condition of increasing reservations in Maharashtra from 52% to 68%. 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’. Mr.& Mrs.On July 9th 2014, the State of Maharashtra promulgated an ordinance granting 16% reservation in education and public employment to the Maratha community. OUR WELL WISHERS WHO HAVE GIVEN OVER ONE LAKH RUPEES Sivananda Rehabilitation Home has been supported by numerous donors, well-wishers and volunteers whose generous contributions have helped us in our efforts.
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