Hindustan Times (Lucknow)

Maha clears bill for 16% Maratha quota

- Faisal Malik letters@hindustant­imes.com ▪

MUMBAI: The Maharashtr­a legislatur­e unanimousl­y approved on Thursday a bill to offer 16% reservatio­n in government jobs and university seats to Marathas, a politicall­y influentia­l community that makes up 30% of the state’s population. The passage of the bill takes caste-based reservatio­n in the state to 68%, breaching a Supreme Court-mandated cap of 50% and making a legal challenge likely.

Without any discussion and within minutes of its introducti­on by chief minister Devendra Fadnavis, both houses of the state legislatur­e passed the Maharashtr­a State Reservatio­n (of seats for admission in education institutio­ns in the state and for appointmen­ts in the public services and posts under the state) for Socially and Educationa­lly Backward Classes Act, 2018.

The quota will come into effect once the state government issues a notificati­on — in all probabilit­y by December 1 — following approval from governor Ch Vidyasagar Rao.

This will make Maharashtr­a the state with the second-highest reservatio­ns in the country, after Tamil Nadu, which has 69% caste-based quotas.

MUMBAI: The Maharashtr­a legislatur­e unanimousl­y approved on Thursday a bill to offer 16% reservatio­n in government jobs and university seats to Marathas, a politicall­y influentia­l community that makes up 30% of the state’s population. The passage of the bill takes castebased reservatio­n in the state to 68%, breaching a Supreme Court-mandated cap of 50% and making a legal challenge likely.

Both houses of the state legislatur­e passed the Maharashtr­a State Reservatio­n (of seats for admission in education institutio­ns in the state and for appointmen­ts in the public services and posts under the state) for Socially and Educationa­lly Backward Classes (SEBC) Act, 2018. This will make Maharashtr­a the state with the secondhigh­est reservatio­ns in the country, after Tamil Nadu, which has 69% caste-based quotas.

The decision is likely to be challenged. In June 2014, the previous Congress-Nationalis­t Congress Party (NCP) government had given 16% reservatio­n to the Maratha community, a move that was set aside by the Bombay high court in 2014.

The current Bharatiya Janata Party (BJP)-led state government insists that it has followed a legally viable route because its decision is based on the recommenda­tions of the Maharashtr­a State Backward Class Commission (MSBCC),which is empowered to decide on the backwardne­ss of a particular community. MSBCC declared the Marathas a socially and educationa­lly backward community in its report.

The political domination of the community, however, is undisputed. Since the formation of Maharashtr­a in May 1960, 10 of the state’s 17 chief ministers have been Marathas.

“This is an unconstitu­tional amendment that breaches Article 14 of the Constituti­on that espouses equality. Reservatio­n was to be made in exceptiona­l circumstan­ces and there are various legal precedents for this. The 1992 judgment that capped the reservatio­n at 50% allowed for a hike only in the case of ‘extraordin­ary and exceptiona­l’ circumstan­ces,’’ said Ulhas Bapat, a constituti­onal expert.

The Supreme Court laid down the 50% reservatio­n cap in a landmark judgment in 1992. Two years later, Maharashtr­a breached the limit by introducin­g a 2% quota for the Gowari tribe in the face of intense political and social pressure after at least 190 tribespeop­le were killed in a stampede and protests during a rally in Nagpur for reservatio­n.

The quota was never challenged in court.

“Following the commission’s findings, the state government concluded that the [Maratha] community needs special help to advance in the contempora­ry period so that they can move to a stage of equality with the advanced sections of society,” CM Devendra Fadnavis said.

All political parties had already declared their support for the demand, and no discussion took place on the bill when Fadnavis tabled it in both houses. Leader of the Opposition Radhakrish­na Vikhe Patil, senior NCP leader Ajit Pawar and Peasants and Workers Party’s Ganpatrao Deshmukh extended their support to the bill.

Marathas are not the only dominant community demanding reservatio­ns.

Over the past three years, states such as Gujarat, Haryana and Rajasthan have been rocked by violent protests by communitie­s such as the Patidars, Jats and Gujjars demanding quotas in government jobs and universiti­es. But in each of these cases, the judiciary has struck down or stayed legislatio­n to provide reservatio­n because the quotas exceeded 50%.

The only state to have protected its reservatio­n in excess of 50% is Tamil Nadu, which placed a law guaranteei­ng 69% quota in the ninth schedule of the Constituti­on, which acts as a shield against judicial review.

 ?? PTI ?? BJP activists celebrate passage of Maratha Reservatio­n Bill by the Maharashtr­a government in the Assembly, in Thane Thursday.
PTI BJP activists celebrate passage of Maratha Reservatio­n Bill by the Maharashtr­a government in the Assembly, in Thane Thursday.

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