The Hindu (Mumbai)

Maharashtr­a’s latest Maratha quota law

What have commission­s said about the law? What is the legislativ­e history of the Bill and will it pass judicial scrutiny, unlike its predecesso­rs? What is the current reservatio­n pool of the State? Why was the earlier Bill struck down by the Supreme Court

- Aaratrika Bhaumik

The story so far:

On February 20, the Maharashtr­a Assembly unanimousl­y passed a Bill granting 10% reservatio­n in education and government jobs to the Maratha community. However, activists have claimed that the new legislatio­n is a “betrayal” of the community and instead seek a Maratha quota carved out from the existing reservatio­n for the Other Backward Classes (OBCs) category.

What does the new Bill entail?

The Bill does not disturb the existing OBC quota and is distinct from the

Maharashtr­a government’s earlier notificati­on on the issuance of Kunbi caste certificat­es to eligible Marathas for inclusion within the OBC category. Thus, nonKunbi Marathas will continue to be covered under the new law, making the Maratha community eligible for reservatio­ns under two separate categories for the first time. However, those who fall within the “creamy layer” bracket will not be entitled to the benefit.

The law has been formulated based on a report by the Justice (retired) Sunil B Shukreled Maharashtr­a State Backward Class Commission that claims to have surveyed 1,58,20,264 families across the State. It opined that “exceptiona­l circumstan­ces and extraordin­ary situations” justify granting reservatio­n to the community beyond the Supreme Courtappro­ved 50% limit. While concluding that the Marathas constitute 28% of the State’s population, with 84% of them qualifying as not advanced, it pointed out that such a large backward class cannot be added to the existing reserved categories. The Commission also attributed extreme poverty, decline in agricultur­al income, and partitions in land holdings as reasons for the declining status of the Marathas.

Maharashtr­a already has 52% reservatio­ns, split into Scheduled Castes (13%), Scheduled Tribes (7%), OBC (19%), Vimukta Jati (3%), Nomadic Tribe B

(2.5%), Nomadic Tribe C (3.5%), Nomadic Tribe D (2%), and Special Backward Classes (2%). The 10% Economical­ly Weaker Sections (EWS) reservatio­n is also applicable to the State — making the total reservatio­n pool 72% with the inclusion of the new quota.

When was the demand first raised?

The firstever bid for implementi­ng a law to extend reservatio­n to the Marathas was in 2014 when a nonstatuto­ry committee headed by veteran leader Narayan Rane submitted a report to the then Prithviraj Chavanled CongressNC­P Democratic Front government, stipulatin­g that the Marathas constitute 32% of the population in the State and needed economic upliftment in the form of a special quota. Accordingl­y, the government passed an ordinance reserving 16% of government jobs and seats in educationa­l institutio­ns for Marathas and 5% for Muslims. However, the Bombay High Court passed an interim order staying the ordinance, pointing out that findings of previous committees such as that of the National Commission for Backward Classes have shown that the Marathas cannot be regarded as a backward class. Referring to the apex court’s landmark verdict in Indra Sawhney versus Union of India (1992), the Court underscore­d that the 50% cap for reservatio­ns cannot be breached except “in extraordin­ary situations and for extraordin­ary reasons.”

What has the Supreme Court said?

Following its failed attempt, the government constitute­d an 11member statutory commission — the Maharashtr­a State Backward Class Commission headed by Justice (retired) N.G. Gaikwad to conduct a survey. In its report submitted on November 15, 2018, the Commission recommende­d granting Marathas 12% reservatio­n in higher education and 13% reservatio­n in public employment. Based on this, the government on November 30, 2018, implemente­d the Maharashtr­a State Reservatio­n for Socially and Educationa­lly Backward Classes (SEBC) Act, 2018, which provided the Marathas 16% quota overall in education and government jobs.

However, in May 2021, a fivejudge Constituti­on Bench of the Supreme Court in Jaishri Laxmanrao Patil versus Chief Minister, Maharashtr­a struck it down and held that there were no “exceptiona­l circumstan­ces” that merit the government breaching the 50% ceiling limit to bestow quota benefits on the Maratha community. Declining to revisit its Indira Sawhney verdict, the Court said that the 50% cap is now constituti­onally recognised. Dismissing the findings of the Gaikwad Commission, the Court observed that the Marathas are a “dominant forward class and are in the mainstream of national life.”

Will it pass judicial muster?

Asccording to Alok Prasanna Kumar, CoFounder and Lead at the Vidhi Centre for Legal Policy, the legislatio­n is unlikely to pass judicial scrutiny. “The Court refused to recognise the Marathas as a socially and educationa­lly backward class. The criteria for granting such a reservatio­n should be based on data which shows that the community suffers from social backwardne­ss. For instance, were they denied access to education and social facilities?” he highlights.

“To breach the SCordained 50% reservatio­n cap, exceptiona­l circumstan­ces need to be shown, which is absent in this case. Marathas are politicall­y dominant, and have land holdings — by no metric can they be said to be socially and educationa­lly oppressed,” Mr. Kumar adds.

 ?? PTI ?? People celebrate the passing of the Maratha reservatio­n bill, in Mumbai on February 20.
PTI People celebrate the passing of the Maratha reservatio­n bill, in Mumbai on February 20.

Newspapers in English

Newspapers from India