Maratha quota: Maha set to file review petition in SC

MUMBAI: As Maratha outfits have threatened to launch an aggressive agitation if the state fails to take firm steps to restore the community’s quota scrapped by the Supreme Court (SC), the Maharashtra government is all set to file a review petition in the Apex court seeking reversal of the verdict.

The state had appointed a committee under Allahabad high court’s retired chief justice Dilip Bhosale to review the SC verdict and suggest a way forward. The committee submitted its report to chief minister Uddhav Thackeray on Friday.

The committee has recommended the review petition, challenging the verdict in relation to the 50%-cap on reservations, the viability of the report submitted by a state-level commission that pointed out the need for the Maratha quota and SC’s observation over the 102nd Constitutional amendment.

Maratha outfits have threatened to agitate if the state does not challenge the Apex court’s verdict. While one set of Maratha

outfits threatened to start the agitations from Saturday, another, led by Member of Parliament (MP) Sambhajiraje Chhatrapati, has set Sunday as the deadline to take a decision on steps for restoring the quota. The government is likely to announce legal and administrative steps being taken in the next two days. It has already begun deliberations on the panel’s recommendations.

According to Maharashtra Vikas Aghadi (MVA) leaders, the committee has recommended challenging the SC verdict on 42 legal points with emphasis on two major ones. The committee has pointed out that while stating that there was no need to review the Indra Sawhney judgment, which caps the reservation at 50%, the Apex court did not say anything about the quota given to the economically weaker sections (EWS). “The EWS quota case is pending in the top court and striking down the Maratha reservation before any ruling on it, was bad in law. The 103rd Constitutional amendment, made to accord the 10% quota to EWS beyond the 50% cap, is yet to be decided upon by the court,” the committee has opined. It has also recommended the setting up of a new backward class commission to decide the backwardness of Marathas, in case the review petition was dismissed by SC.

The Maratha reservation was struck down by SC on May 5 for exceeding the 50%-limit on quota imposed by the Indra Sawhney judgment in 1992. Three of the five judges also held that the 102nd amendment had taken away states’ powers to give reservations to any community by identifying them as socially and educationally backward. The committee also said that the ruling in 102nd amendment was also bad in law, as a case by Davinder Singh challenging it, is being heard by larger bench of seven judges. “Efforts should be made with other states to approach the Centre to seek suitable amendment to dilute the effect of the 50% cap in the Sawhney judgement,” the 130page report stated. It said that the government should make a plea for an open court hearing and not for a restricted hearing in the chamber of the judges.

Rane-Sambhajiraje tiff The war of words between BJP MPs Sambhajiraje Chhatrapati and Narayan Rane has surprised many in political circles. Rane had said, “BJP made him [Sambhajiraje Chhatrapati] MP just because he is a descendent of Chhatrapati Shivaji Maharaj. One cannot become a Maratha leader just by visiting districts. The community should accept one as their leader.” “Chhatrapati’s descendent believe in justice, not in instigating [people],” Sambhajiraje Chhatrapati hit back at Rane.

Fadnavis, however, drew curtains to it and said there was no reason to criticise Sambhajiraje.

A protest in Pune last year.