DNA Edit: Reservation blues – Maratha quota upheld, but others will up the ante

The BJP-led government in Maharashtra, in the run-up to the ensuing assembly election, has received a shot in the arm after Bombay High Court upheld reservation to the politically influential Maratha community under the Socially and Educationally Backward Class category. Chief Minister Devendra Fadnavis, who was successful in bringing the agitating Maratha organisations on board, termed the court ruling “historic decision” saying that Maratha quota had been upheld without touching the quota given to Other Backward Classes (OBC). 

The quota has been granted under extraordinary and exceptional circumstances by carving out SEBC category as observed by the State Backward Class Commission. With the HC ruling, Maharashtra’s quota level has sharply increased to a record 75%. This has left the open category’s share dipped to a quarter of the pie. The legal battle is far from over as the open category students are set to challenge the constitutional validity of Maratha quota by overstepping the 50% limit directed by the apex court. Even though the BJP-Sena combine is prepared to cash in on the HC order to get political mileage, it cannot overlook fresh demands from the Dhangar community for quota under ST category and 5% quota by Muslim community. 

The Opposition and organisations from these communities have threatened to step up their agitation. At the national level too, Maratha quota ruling will trigger another spate of agitation by Patels in Gujarat, Jats in Haryana, Kapus in Andhra Pradesh and Gujjars in Rajasthan seeking quota under the “exceptional and extraordinary” circumstances. All eyes now turn to the Supreme Court. It is to be seen whether the SC sticks to the balance earlier arrived between the Right to Affirmative Action and Right to Equality in the famous Indra Sawhney case or whether the apex court remains silent on the breach of Laxman Rekha of 50% reservation. It will definitely have a far-reaching consequences.