The Maharashtra government has convened a special cabinet meeting on Sunday to ponder over the recommendations of the Backward Class Commission for Maratha reservation. However, constitutional experts and sources from the government said that it may take long before the decks are cleared to implement Maratha reservation in letter and spirit.
The main point of discussion in the cabinet meeting on Sunday will be whether Maratha reservation can be granted within the existing 32 % OBC reservation quota in the state or a separate sub-section within the OBCs will be created. This means that the total reservation pie in the state will go above 52 %. The decision will be constitutionally untenable and could be challenged in court.
If reservation is given within the existing OBC pie then it can unsettle other non-Maratha OBC groups. However, if a separate category is created then clearance from the Centre will be required.
"If it decides to make separate category within the OBC by increasing its reservation percentage then it will violate Supreme Court's cap of 50% reservations. This will need an amendment in the Indian constitution and parliamentary approval with 2/3 majority. This is a time consuming step," said an official from the Maharashtra Law and Judiciary department.
"The official survey now proves that Marathas are socially and economically backward. So no one can deny their legitimate right of reservation. The government has to approve it or it will boomerang during the polls," said Purushottam Khedekar, president of Maratha Seva Sangh.
Sharing the existing 32 % OBC reservation pie will invite wrath from other OBC communities. "Hence, the Fadnavis cabinet will employ a three prong strategy. Firstly, after opening the report in cabinet it will be sent to a Cabinet sub-committee for recommendations. Simultaneously, it will be tabled in the State Assembly on Monday. Thirdly, further course of reservation will be discussed along with Opposition leaders. If it backfires then Fadnavis will not be alone to blame," said sources in government.
Meanwhile, Maratha leaders are asking the Fadnavis-led government to implement the reservation at the earliest. Vinod Patil, a Maratha leader and one petitioner in the Bombay High Court said that the state has authority to increase the reservation percentage via the ordinance route.
"Now, we have the Backward Commission's report and its recommendations. So, we are confident that the court will accept it and allow the government to implement the Maratha reservations in the state. If we need Centre's permission, the state can issue the ordinance for reservations and pursue and complete other formalities," Patil said.
COMPLEX ISSUE
- Leaders to decide whether quota can be granted in existing 32% OBC quota or needs separate sub-section
- If total reservation pie goes above 52%, it will be constitutionally untenable
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