The Maratha quota law refers to a series of legislative and judicial actions in Maharashtra, intended to provide reservations in education and government jobs for the Maratha community. Read here to know more.
The Maratha community, which is a politically influential group in Maharashtra, has been advocating for reservations, arguing that a significant portion of their population is economically and educationally backwards.
The reservation issue for the Maratha community in Maharashtra, India, vis-à-vis Other Backward Classes (OBC) has been a significant and contentious topic in recent years.
This complexity arises from the overlapping demands for socio-economic upliftment by different communities within the state, each with its historical backgrounds, socio-economic statuses, and political representations.
Maratha quota law
The demand for reservation by the Maratha community has been a long-standing issue in Maharashtra. Despite being politically dominant, many within the community claim to face economic hardships and limited access to education and employment opportunities.
- 2014: The Maharashtra government announced a 16% reservation for Marathas under a new category called the Educationally and Socially Backward Class (ESBC).
- Bombay High Court’s Ruling: The Bombay High Court, while acknowledging the need for Maratha reservations, stated that the 16% quota was not justifiable and suggested that a quota of 12% in education and 13% in jobs would be more appropriate.
- 2018 Maharashtra Law: The Maharashtra Legislature passed a bill proposing 16% reservation for Marathas under the Socially and Educationally Backward Classes (SEBC) Act, 2018.
- Supreme Court Intervention: Implementing the quota faced challenges and was subject to scrutiny in the courts. Petitioners argued against the reservation, claiming it violated the Supreme Court’s 50% cap on reservations established in the Indra Sawhney case (1992). The Maharashtra government, defending the quota, cited the community’s backwardness as justification.
- 2021 Supreme Court Verdict: The Supreme Court of India struck down the Maharashtra law granting reservations to the Maratha community in admissions and government jobs, stating it exceeded the 50% cap on reservations and did not meet the criteria to break this limit. The court found that the Maratha community was not a socially and educationally backward class to the extent that it warranted surpassing the cap.
Implications of the Supreme Court verdict
The Supreme Court’s decision was a significant setback to the Maratha community’s demand for reservations. It reaffirmed the 50% cap on total reservations and emphasized the need for a robust justification to exceed this limit, which the Maratha quota did not fulfill according to the court.
Following the verdict, the Maharashtra government and various Maratha organizations have been exploring alternative ways to provide support to the community, including through educational and economic measures. The issue remains a contentious and politically sensitive matter in Maharashtra, reflecting the complex interplay of caste, politics, and social justice in India.
Why in the news?
The Maharashtra Assembly in February 2024 unanimously passed a Bill granting 10% reservation in education and government jobs to the Maratha community by introducing the Maharashtra State Reservation for Socially and Educationally Backward Classes Bill, 2024.
- The principle of the creamy layer will be applicable and reservation under this Act will be available only to those in the Socially and Educationally Backward Classes who are not in the creamy layer category.
- Currently, Maharashtra has 52 per cent reservation – SC (13%); ST (7%), OBC (19%), Vimukt Jati (3%), Nomadic Tribe B (2.5%), Nomadic Tribe C (3.5%); Nomadic Tribe D (2%); and Special Backward Classes (2%).
- Besides, 10 per cent is reserved for the EWS category, and with the addition of 10 per cent for Marathas, total reservations in the state will reach 72%.
The bill is based on a report from the State Commission of Maharashtra for Backward Class (SCMBC), which found that Marathas, constituting 28 per cent of Maharashtra’s population, face significant backwardness, justifying the reservation exceeding the 50 per cent limit.
Challenges of Maratha quota law
The Maratha community’s demand for reservation has been partly driven by perceived economic hardships, especially in the agrarian sector, and the desire for better representation in education and government jobs. They argue that their numerical strength does not translate into socio-economic benefits.
One of the critical concerns has been the potential impact of the Maratha reservation on the existing OBC quota.
- There is apprehension among OBC communities that including Marathas in the OBC category or creating a special reservation for them might dilute the opportunities available to the current OBC beneficiaries.
- This has led to tensions between the communities, with OBC groups fearing that their share of reservations in education and employment might be adversely affected.
Conclusion
The Maratha versus OBC due to Maratha quota law highlights the complexities of reservation politics in India, reflecting the challenges of balancing socio-economic equity, legal frameworks, and the aspirations of diverse communities. It underscores the need for a nuanced approach to reservations, possibly through a more detailed socio-economic assessment, to ensure that affirmative action reaches those most in need without diluting the benefits for communities currently under the reservation umbrella.
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-Article by Swathi Satish
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