For Maratha quota, there’s a bill, but not a way, say experts

Special category, plan to keep current reservation untouched may not stand legal scrutiny

MUMBAI: Even as the state plans to introduce a bill to give reservation to Marathas under a special category, Socially and Educationally Backward Class (SEBC), in the legislature early next week and pass it on November 30, the concluding day of the winter session, experts are unsure if the move can stand the legal test.

Chief minister Devendra Fadnavis on Thursday asked the Marathas to “be ready for celebration and not agitation”, after the Maharashtra Backward Class Commission submitted its report on social, educational and economic conditions of the community to chief secretary DK Jain on Thursday. He said on Sunday the quota would not disturb the existing reservation to the Other Backward Classes (OBC). As the commission has ratified the prevailing “exceptional and extraordinary” circumstances of backwardness, the Supreme Court ruling on 50-% cap would not come in the way, he said.

Experts on the Constitution claim the existing OBC reservation has been given on the basis of social and educational backwardness and another such category proposed by the government may not be legally possible. “The state wants to create another category of same classes (who get reservation under OBC) claiming social and educational backwardness. Article 16(4) has provision for reservation to ‘Any Other Class’ of people, other than the ones currently getting the reservation. So the proposed reservation can easily be challenged in court. The government should have extended the OBC quota [currently 27%], with a rider of keeping the existing quota intact. Secondly, although the government claims the limit of 50% on the reservation does not apply in this case, Parliament will have to enact a law for extension of quota,” said retired justice PB Sawant.

He said that even if the state decides to give protection to the Act by proposing to include it in Schedule 9, it may be subjected to legal scrutiny.

Laxman Mane, Dalit writer

and activist, alleged the government was fooling the community for political gain. “Even if they create a separate category for Marathas, it is likely to eat into the reservation of other categories. When the Wanjaris and Dhangars were given reservation as Nomadic Tribe, OBCS were assured their quota would not be disturbed. But it was later tweaked,” he said.

The Opposition claimed the Marathas will be deprived of reservation in Central government jobs and politics. “Reservation in existing OBC category will give them complete justice,” said Radhakrishna Vikhe Patil, Congress leader and leader of opposition in legislative Assembly. Advocate Shriram Pingale, special counsel for the state on Maratha reservation, said, “This is the first time such a scientific study has been done to give reservation to any community.” Balasaheb Sarate Patil, Maratha leader, said, “Many communities in the existing OBC will be excluded from the quota if the Commission reviews the condition in the Act.”