Hindustan Times ST (Jaipur)

Maratha quota bill thorny, experts say

- Surendra P Gangan surendra.gangan@hindustant­imes.com

PROBLEMATI­C A new category and plan to keep the current reservatio­n untouched may not stand legal scrutiny

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 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 reservaquo­ta tion 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 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 Supreme Court judge, PB Sawant.

Laxman Mane, Dalit activist and writer, said, “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.”

Balasaheb Sarate Patil, Maratha leader, said, “OBC communitie­s should not raise these questions of eligibilit­y. Many communitie­s in the existing OBC will be excluded from the quota if the Commission reviews the condition as provided in the Act.”

MUMBAI:

 ?? PTI ?? Devendra Fadnavis
PTI Devendra Fadnavis

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