The Maratha reservation issue in Maharashtra has seen intensified protests and legal battles, putting pressure on the state government. The Marathas, a significant section of the state’s population, have been demanding reservation in education and government jobs. The issue has a long history, with protests spanning over three decades. This background piece explores the key developments and rulings related to the Maratha reservation.
THE 2019 BOMBAY HIGH COURT RULING
In 2018, the Maharashtra government passed a bill proposing 16% reservation for the Maratha community in education and government jobs, which was challenged in court. In June 2019, the Bombay High Court upheld the constitutional validity of the Maratha quota under the Socially and Educationally Backward Classes (SEBC) Act, 2018. However, the HC reduced the reservation to 12% in education and 13% in government jobs.
The High Court heavily relied on the findings of the 11-member Maharashtra State Backward Class Commission, which conducted surveys and research on the social, economic, and educational backwardness of the Maratha community. The Commission’s report highlighted various aspects, such as high involvement in agriculture, lack of access to tap water, and educational disparities.
SUPREME COURT’S DECISION IN 2021
In May 2021, the Supreme Court’s five-judge Constitution bench struck down the Maratha quota, stating that it exceeded the 50% reservation limit set by the court in the 1992 Indra Sawhney (Mandal) judgment. The court noted that the 50% ceiling was now constitutionally recognized, and there were no extraordinary circumstances to exceed it. The Supreme Court’s ruling was based on the argument that Marathas were considered a “dominant forward class” and were part of the national mainstream.
ONGOING DEVELOPMENTS
Following the Supreme Court’s decision, the Maharashtra government explored alternatives, including allowing economically weaker Marathas to benefit from the 10% quota for Economically Weaker Sections (EWS). The government also expressed its intention to file a curative petition and conduct a new survey to establish the community’s backwardness.
CURRENT RESERVATION IN MAHARASHTRA
Before the Maratha reservation issue, the state’s reservation stood at 52%, including quotas for Scheduled Castes, Scheduled Tribes, Other Backward Classes, Special Backward Class, Vimukta Jati, and Nomadic Tribes. The addition of the 12-13% Maratha quota raised the total reservation to 64-65%, with an additional 10% EWS quota in effect.
The Maratha reservation issue continues to be a complex and contentious matter, with ongoing protests and legal actions shaping the landscape of reservation policies in Maharashtra.