‘Centre trying to politicise quota issue, putting the onus on states’

MUMBAI: The Maharashtra government on Wednesday termed the Central government’s plan to bring in an amendment clarifying that the power to give reservation to the socially and educationally backward classes is with the states “an attempt to politicise the issue”. The state government said that the Maratha reservation cannot be restored unless the Centre removes the 50% cap.

The Supreme Court, in its order on Maratha reservation on May 5, had ruled that the 102nd constitutional amendment has taken away the state governments’ powers to give reservation to any community on the basis of backwardness. The Centre had moved a review petition over the SC order and said it did not mean to take away the powers. The apex court, however, had turned down the review petition. The Centre has now proposed to bring in an amendment to give clarity over the powers of the state.

Ashok Chavan, public works department minister and head of the cabinet sub-committee on reservation, said that giving mere powers for the reservation to the state would not serve any purpose. “The decision could spread the wrong message among the community members that it would facilitate the restoration of the reservation, but until the 50% ceiling on reservation is not lifted, the state will not be able to decide on the reservation. While bringing in the amendment to give powers to the states, the Centre should also make constitutional changes to remove the ceiling,” he said.

Chavan said the Bharatiya Janata Party-led central government was trying to politicise the issue. “During our meeting with PM Modi on June 8, we had demanded the removal of the cap. Not just Maharashtra, even other states that have been fighting the legal battle for reservation had expressed similar sentiments, but the Centre has chosen to keep silent on it and now wants to shift the onus on the states,” he said.

Leader of opposition in legislative council Pravin Darekar said, “By deciding to give powers to states, the Centre has cleared its stand. Now it is time for the state government to give reservation beyond 50%. The central government has been very positive about the reservation to Marathas, but instead of doing its bit, the Maharashtra Vikas Aghadi has been pointing at the Centre just to get rid of its responsibility,” he said.

Vinod Patil, a petitioner for the reservation to Marathas, said, “The Central government’s decision is a positive move towards the reservation. The state should take steps to restore reservation to the community by weeding out the objections taken by the apex court.”

On May 5, the five-judge bench of the SC struck down the 12% and 13% reservation given to Maratha community in education and jobs under the SEBC Act, 2018. It ruled that it crossed the limit of 50% ceiling on reservation and the empirical data of the community collated by Gaikwad commission does not prove the backwardness and had also stated that after the 102nd constitutional amendment, states have no power to give any such reservation.