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Mahesh

06/03/24 10:59 AM IST

Maharashtra’s latest Maratha quota law and its challenges

In News
  • The Maharashtra Assembly recently unanimously passed a Bill granting 10% reservation in education and government jobs to the Maratha community.
Provisions of the bill
  • The Bill does not disturb the existing OBC quota and is distinct from the Maharashtra government’s earlier notification on the issuance of Kunbi caste certificates to eligible Marathas for inclusion within the OBC category.
  • Thus, non-Kunbi Marathas will continue to be covered under the new law, making the Maratha community eligible for reservations under two separate categories for the first time.
  • However, those who fall within the “creamy layer” bracket (members of a backward class who are highly advanced socially, economically and educationally) will not be entitled to the benefit.
  • The law has been formulated based on a report of the Justice (retired) Sunil B Shukre-led Maharashtra State Backward Class Commission that claims to have surveyed 1,58,20,264 families across the State.
  • The Commission also attributed extreme poverty, decline in agricultural income, and partitions in land holdings as reasons for the declining status of the Marathas. It further outlined that 94% of farmers who have died by suicide in the State belonged to the Maratha community.
  • Maharashtra already has 52% reservations, split into Scheduled Castes (13%), Scheduled Tribes (7%), OBC (19%), Vimukta Jati (3%), Nomadic Tribe B (2.5%), Nomadic Tribe C (3.5%), Nomadic Tribe D (2%), and Special Backward Classes (2%).
  • The 10% Economically Weaker Sections (EWS) reservation is also applicable to the State — making the total reservation 72% with the inclusion of the new quota.
Narayan Rane committee report
  • The Marathas constitute 32% of the population in the State and needed economic upliftment in the form of a special quota.
  • Accordingly, the government passed an ordinance reserving 16% of government jobs and seats in educational institutions for Marathas and 5% for Muslims.
  • On November 14, 2014, a division bench of then Chief Justice Mohit Shah and Justice M S Sonak of the Bombay High Court passed an interim order staying the ordinance, pointing out that findings of previous committees such as the Maharashtra State Backward Class Commission headed by Justice (retired) RM Bapat and the National Commission for Backward Classes have shown that the Marathas cannot be regarded as a backward class.
  • It also dismissed the Rane committee report for suffering from “several glaring flaws.
Gaikwad Commission’s recommendations
  • Following its failed attempt, the government constituted an 11-member statutory commission — the Maharashtra State Backward Class Commission headed by Justice (retired) N.G. Gaikwad to conduct a survey.
  • In its report submitted on November 15, 2018, the Commission recommended granting Marathas 12% reservation in higher education and 13% reservation in public employment.
  • It found that 76.86% of the Maratha families were engaged in agriculture and agriculture labour, 6% were in government and semi-government services, 3% in private services, 4% in trade and industry, and 9% in non-agricultural physical labour.
  • Based on this, the government on November 30, 2018, implemented the Maharashtra State Reservation for Socially and Educationally Backward Classes (SEBC) Act, 2018, which provided the Marathas 16% quota overall in education and government jobs.
  • Meanwhile, on August 11, 2018, the Parliament passed the 102nd Constitutional (Amendment) Act, 2018, which gave constitutional status to the National Commission for Backward Classes and also introduced Article 324A — a provision empowering the President to notify a “Central List” of Socially and Educationally Backward Classes (SEBCs) in relation to a particular State or Union Territory.
  • Further, the amendment specified that any modification to the central list could only be done by the Parliament.
Source- The Hindu

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