MVA’S setback; Opposition’s advantage

MUMBAI: The striking down of the quota for the Maratha community in Maharashtra by the Supreme Court (SC) could be a major setback for the Uddhav Thackeray-led Maharashtra Vikas Aghadi (MVA) government. Opposition Bharatiya Janata Party (BJP), which has blamed the MVA for failing to secure the reservation provided by the previous government, could use the unrest in the community against the ruling coalition, say political experts.

Chief minister Uddhav Thackeray will be writing to President Ram Nath Kovind and Prime Minister Narendra Modi, requesting them to take a decision on the reservation.

The community

Marathas, who make up nearly 30-32% of the state population, including Kunbi-marathas, who come under the other backward class (OBC), are a strong force in the state, both politically and socially. The community has a decisive influence on nearly 75 of the 288 constituencies. The Marathas traditionally rallied with the Congress-nationalist Congress Party, but it changed in the 2014 Assembly polls. The BJP and Sena dominated the western and central Maharashtra, which has a considerable Maratha population, even though they contested separately. It is assumed that in the 2019 Assembly elections, the community helped the NCP bounce back as the party won a majority of its 56 Assembly seats in western Maharashtra and adjoining areas.

The party could also capitalise on the ‘Maratha community pride’ after NCP chief Sharad Pawar, currently the most prominent Maratha politician, was targeted by then Bjp-led state government and its leaders. The Congress, too, has been dominated by Maratha community leaders for decades. The community strongly supported the party. The Shiv Sena has a mix voter base, including the Marathas.

Following the Kopardi rape incident the Maratha mobilisation took place and the reservation issue was put forth strongly by the community. Subsequently, the community staged over 50 marches, first silent and later violent ones, to get the quota. Towards the 2019 Assembly polls, many Maratha leaders from the Congress and NCP switched to greener pastures of the BJP. However, the Ncp-congress turned the tables in 2019 by winning over 30 from the 58 Assembly seats in western Maharashtra.

The three parties face the risk of losing some of its support base, if they fail to find a solution to retain the quota granted to the community by the Devendra Fadnavis government.

(see box), The blame game

State minister Ashok Chavan, who heads the cabinet sub-committee on Maratha reservation, said then chief minister Devendra Fadnavis misled the people on quota issues by passing it without due right. He said that the Solicitor General of India had clearly told the SC the state’s right to provide quota had not been taken away. “While setting the reservation aside, the Apex court has opined that the states have no right to pass such a law for reservation in the wake of the 102nd constitutional amendment and the powers have been given to the Centre. The Socially and Educationally Backward Classes (SEBC) Act, 2018, was enacted in the state legislature in November 2018 by then Fadnavis government, after the 102nd Constitutional amendment in August that year. The state BJP leaders have been trying to put the blame on us, but they have misguided the people of Maharashtra by keeping a faultline in the constitution of the Act,” Chavan said. He said the MVA will send the proposal to the National Commission for Backward Classes to give reservation to Marathas in “exceptional and extraordinary circumstances”.

“The Maratha quota law was enacted by our government taking Uddhav Thackeray into confidence as the Sena was part of our government then. When it was challenged in the Bombay high court and the Supreme Court, our government effectively pleaded the case. As a result, the high court upheld the reservation, while the SC had denied a stay on it. Later, during the MVA government regime, the case was referred to another bench, where it was stayed. The Solicitor General of India had clearly told the SC that states’ right to provide quota had not been taken away,” Fadnavis said.

Political repercussions

Political analysts and observers said the BJP will use it to its advantage to corner the MVA.

Pratap Asbe, a political analyst, said, “The Bill and subsequent law were passed during their government, but still they will make the argument emotional to fire up the Maratha youths. Whether there is any major election or not, the unrest will be engineered. We have seen what happens when a community as powerful as Marathas comes on the streets.”

Another analyst Surendra Jondhale said, “The BJP will attempt to mobilise the Marathas and make an issue out of it. Fadnavis has played an ambiguous role in the quota issue. Interestingly, [BJP MP] Sambhaji Maharaj has taken a stand that both governments pursued the matter and he accepted the verdict. The response of Maratha youths to the BJP will be important now.”

According to a Congress leader, the SC verdict may have long-standing political repercussions. “The BJP has been painting a picture that they had given the reservation to the community, but the three-party government could not safeguard it. It is now very difficult to regain it by filing a review petition and next to impossible to include them in other backward classes. The conclusion is the reservation was struck down, when parties with strong Maratha base are at helm of affairs. The effect may be felt in the upcoming local body elections,” said a senior Congress leader.

Political analyst Hemant Desai said that the three ruling parties may have to face a setback if they do not handle the issue well. Balasaheb Sarate Patil, a Maratha leader involved in the legal battle, said the BJP may not get advantage of the decision. “The Act was enacted by the Fadnavis government and even the Gaikwad commission report was submitted during his tenure. So the BJP cannot pass the buck,” he said. Political analyst Prakash Bal said, “The political impact depends on the perception created by both the sides. The reservation given to the Marathas was never tenable, according to Justice PB Sawant, who was a member of the bench that delivered the Indra Sawhney case judgment.”