Mumbai Legal Digest - Monday, 23 February 2026

In a significant constitutional development, the Bombay High Court is currently deliberating on the Maharashtra government's controversial decision to abolish a 5% reservation for Muslims in education and government jobs. This challenge not only addresses the immediate implications for the Muslim community, which has historically relied on this quota for equitable access to opportunities, but also raises broader questions about the efficacy and fairness of affirmative action policies in promoting social equity within the state. As the case unfolds, it is poised to influence future legislative and judicial approaches to affirmative action across India.

In parallel, the High Court has reinforced the necessity for stringent evidentiary standards in criminal proceedings, ruling that mere improvements in witness testimony are inadequate for adding new accused under Section 319 of the Code of Criminal Procedure. This decision, alongside the requirement for "strong and cogent evidence" before implicating additional defendants, underscores the court's commitment to upholding due process rights. For legal professionals, these rulings highlight the critical balance between prosecutorial discretion and the protection of individual rights, shaping the landscape for both affirmative action and criminal justice in Maharashtra. As these cases progress, they will undoubtedly serve as pivotal reference points for future legal interpretations and policy formulations.