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THE CONTEXT: The Maharashtra Assembly has unanimously passed Maharashtra State Reservation for Socially and Educationally Backward Classes Bill, 2024. It aims to set aside 10% reservation for the Marathas under socially and educationally backward categories in jobs and education.
MORE ON THE NEWS:
- The Bill was formulated based on a report of the Justice (retired) Sunil B Shukre-led Maharashtra State Backward Class Commission (MSBCC).
- However, at least two previous legislation extending quota to Marathas have failed legal challenge.
THE SHUKRE COMMISSION
- The committee to determine the status of the Marathas was set up in December 2023 with Justice (retd) Sunil B Shukre of the Bombay High Court as chairperson.
- The Shukre commission notes that the population of Marathas in the state is 28%, while 84% of them are not advanced, adding that such a large backward community cannot be added into the OBC bracket.
- The Commission describes extreme poverty, decline in agricultural income, and partitions in land holdings as reasons for the current status of the Marathas.
- The panel finds inadequate representation of the community in all sectors of public services, and says the Marathas have remained “completely out of the mainstream” due to their backwardness.
- It calls for separate reservation to the Marathas to increase their representation in government jobs and developed sectors.
BACKGROUND OF THE MARATHA RESERVATION DEMAND:
- 2017: A 11-member commission headed by Retired Justice N G Gaikwad recommended Marathas should be given reservation under Socially and Educationally Backward Class (SEBC).
- 2018: Maharashtra Assembly passed a Bill proposing 16% reservation for Maratha community. The Bombay High Court while upholding the reservation pointed out that instead of 16% it should be reduced to 12% in education and 13% in jobs.
- 2020: The Supreme Court of India stayed its implementation and referred the case to the Chief Justice of India for a larger bench.
- 2021: Supreme Court struck down the Maratha reservation in 2021 citing the 50% cap on total reservations it had set in 1992. The Maratha reservation of 12% and 13% (in education and jobs) had increased the overall reservation ceiling to 64% and 65%, respectively. The Bench unanimously upheld the constitutional validity of the 102nd Constitution Amendment but differed on the question of whether it affected the power of states to identify SEBCs.
The Supreme Court highlighted that a separate reservation for the Maratha community violates Articles 14 (right to equality) and 21 (due process of law).
- 2022: In November 2022, after the SC upheld the 10% quota for the Economically Weaker Sections, the state government said that until the issue of Maratha reservation is resolved, economically weaker members of the community can benefit from the EWS quota. The government had also said that a new dedicated panel will be formed for a detailed survey of the ‘backwardness’ of the community.
ISSUES:
- Legislation passed in haste: The Opposition has targeted the Bill as government attempt to pass the legislation in a haste for electoral benefits.
- Dubious bases: The Opposition has targeted the Bill that there were many errors in the draft of the Bill and that it was not clear about the basis of the decision “to give 10 percent reservation while showing 28% population for Marathas.
- Community political dominance: One of the issues raised for the passing of Bill is political dominance of Maratha community. States have bowed down to popular demands for reservation to social groups which were not considered backward earlier.
- Judicial scrutiny: Other previous pieces of legislation passed by the Maharashtra government to grant reservation to the Maratha community have been reversed or nullified by the higher judiciary. The top court had struck down the 2018 Act in May 2021 by citing the Indra Sawhney judgment (1992) that limited reservations to 50% and also held that only the Union government is empowered to identify socially and educationally backward classes to include them in the central list to avail reservations. Hence, this time as well the Bill is likely to face judicial scrutiny.
- Dissent within the Maratha Community: Some activists and leaders within the Maratha community expressed dissatisfaction with the separate reservation, preferring inclusion within the OBC category.
THE WAY FORWARD:
- Need for Comprehensive Approach: While reservation may address immediate concerns, it may not effectively address the root causes of Maratha’s backwardness. A holistic approach addressing issues like education, skill development, and infrastructure is essential for sustainable development.
- Socio economic census: The issue of stratification with Maratha results from large differences in money and intellectual attainment within their community. It can be addressed by comprehensive socio-economic census alongside the delayed decennial Census. Such a census will establish the true nature of backwardness and discrimination across States and could even clarify a new means of providing affirmative action.
- Withstand judicial scrutiny: Ensure that the Maratha Reservation Bill is legally sound and withstands judicial scrutiny by providing robust empirical data to justify the reservation beyond the 50% quota ceiling set by the Supreme Court.
- Addressing root causes: Sustainable development initiatives addressing the root causes of backwardness should be prioritised over short-term considerations, aiming for inclusive growth and social justice for all communities.
- Promoting social cohesion and inclusivity: Promote social cohesion and inclusivity by fostering understanding and support for affirmative action measures aimed at addressing historical injustices and promoting equity.
THE CONCLUSION:
Allocating quotas often result in more cases of discrimination and hard feelings towards other communities. However, the purpose of reservation is not to isolate a particular section but to make them part of mainstream society. Therefore, policy makers while dealing with sensitive matters like reservation policies must act wisely. The government should adopt integrated policies that combine reservation with targeted welfare programs to ensure holistic development for the community.
UPSC PREVIOUS YEAR QUESTION
Q. Whether the National Commission for Scheduled Castes (NCSC) can enforce the implementation of constitutional reservation for the Scheduled Castes in the religious minority institutions? Examine. (2018)
MAINS PRACTICE QUESTION
Q. Maratha reservation issue has been highly contentious and politically charged, with potential implications for Maharashtra’s social and political dynamics in the state. In this context, critically analyze the implications of recent legislation passed by the Maharashtra legislative assembly to grant reservation to Maratha community.
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