Marathas constitute 32% of Maharashtra's population.
In a significant development, the Bombay High Court on Thursday upheld the reservation provided to Maratha community under socially and economically backward classes (SEBC) category in Maharashtra. The court has however reduced the quota to 12 to 13 per cent from 16 per cent in jobs and education.
Marathas constitute 32% of Maharashtra's population. With the High Court upholding the reservation as legal and constitutional, the ruling BJP and Shiv Sena have received a major boost as they hope to cash in on the High Court decision to take political mileage.
The High Court had reserved its order in March on a slew of petitions challenging the reservation to Maratha community under the SCBC Act, passed by the state legislature in November 2018.
The opponents of the quota had said it was illegal and unconstitutional. They argued that the government has no powers. Already in the state, the reservation is 52% and with today's judgement, the reservation will go up to 64 to 65 per cent. If 10% granted by the Centre to economically weaker sections is counted, the state will have 75% reservation to various communities against the 50% cap directed by the apex court
Timelin
June 25, 2014: Congress-NCP government enacted law to provide 16% reservation to Maratha community in education and jobs and 5% quota to Muslim community in jobs and education. Around that time it was challenged in the Bombay High Court
October 2014: BJP-led government promulgated Ordinance on Maratha reservation which was also challenged in the Bombay High Court.
November 14, 2014: Bombay High Court stayed the implementation of Act
November 15, 2014: BJP led government challenged the Bombay HC judgement in the Supreme Court.
December 18, 2014: SC declined to lift stay granted by the Bombay HC on the implementation of Act
September 2016: Maratha Kranti Morcha convenor Vinod Patil filed an application in the Bombay HC with a plea to hold hearing on Maratha reservation as the hearing had not taken place for 15 months on petition in this regard after the stay was granted on implementation of Act
December 2016: Maharashtra government filed 2,500 pages affidavit in the Bombay HC justifying its decision to provide quota to Maratha community
May 4, 2017: Maharashtra Government expressed desire to argue Maratha quota issue before the State Backward Class Commission. Bombay HC granted its permission for the same
November 15, 2018: State Backward Class Commission presented its report to the state government
November 30, 2018: Maharashtra Legislature passed law to provide 16% quota to Maratha community in jobs and education. This is over and above the existing reservation provided to OBCs, SCs, STs, denotified nomadic tribes and special backward categories
December 2018: Petitions were filed in the Bombay HC to challenge the Act wherein 16% quota was given by creating SCBC category
February 6, 2019: Final hearing on a slew of petitions began
March 26, 2019: Final hearing completed and the Bombay HC reserved its order
June 24, 2019: Bombay HC announced the judgement will be delivered on June 27
Arguments against Act
*Reservation has been granted considering the Lok Sabha and state assembly elections which is unconstitutional, illegal and in violation of SC order not to grant quota beyond 50% cap
*MSBCC report was a handiwork of manipulations and hence it was disastrous to have passed an act on the basis of such a report
*The inclusion of only the Maratha community in SEBC was arbitrary and against the laws of equality
*The legislation is unconstitutional and is against the principle and philosophy of reservation. It violates the cap of 50% reservation. Only 32% remains for the open pool
*State has no power to grant reservations beyond the 50% cap directed by SC. The 16% quota to Marathas brings the reservation percentage in Maharashtra to 68
*Only in exceptional cases the quota can be increased. However, the Constitutional amendment is required and if the quota is to be granted to the Maratha community then it should be included in the OBC category
*State government has not taken Presidential assent while declaring Maratha community as backward
State Government's argument in its defence
*Article 16 (4) of the Constitution allows the state to grant reservations beyond the 50% cap. In Tamil Nadu, 69% quota is provided
*Reservation to the Maratha community has not been given in politics but only in jobs and education based the recommendations of State Backward Class Commission. The community is socially, economically and educationally backward
*The state government has power to create SEBC category. The reservation excluded the creamy layer of the community, which is economically well-off, and was only meant for those in the socially and educationally backward category
*The government enjoys power to give reservation to bring a community in main stream and the such a quota can be granted by Chief Minister by exercising special powers
*The reservation is not meant for political positions as the Marathas have elected their representatives due to their sheer numbers, however, reservation is sought in education and posts in government organisations
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