The Maharashtra state government, responding to the Maratha community’s longstanding demand for reservation, has issued a gazette notification proposing amendments to the caste certificate rules. This move is aimed at expanding the scope of the Maratha quota to facilitate access to government jobs and educational institutions.
Key Points on the Maratha Quota Amendment
- It aims to ease and expand the scope of offering Kunbi OBC certification to Marathas, allowing them access to government jobs and educational institutions.
- The state has proposed to amend the Maharashtra Scheduled Castes, Denotified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Rules, 2012, by adding the term ‘sage-soyare’ (i.e., relatives from the family tree).
- It means that the entire family tree of everyone who has a Kunbi certificate will get the Kunbi certificate.
Who Are The Marathas?
- The Marathas are a group of castes comprising peasants and landowners among others constituting nearly 33 per cent of state’s population.
- While most Marathas are Marathi-speaking, not all Marathi-speaking people belong to the Maratha community.
- Historically, they have been identified as a ‘warrior’ caste with large land holdings.
- Since the formation of Maharashtra state in 1960, of its 20 chief ministers, 12 (including Eknath Shinde) have been from the Maratha community.
- While division of land and agrarian problems over the years have led to a decline of prosperity among middle class and lower middle-class Marathas, the community still plays an important role in the rural economy.
The Demand for Maratha Reservation
- The Marathas have been demanding reservation in government jobs and educational institutions for a long time.
- The first protest was held 32 years ago by Mathadi Labour Union leader Annasaheb Patil in Mumbai.
- Ahead of the 2014 Assembly elections, the then Prithviraj Chavan-led state government brought an ordinance pronouncing 16 per cent reservation to Marathas in government jobs and education.
- In November 2018, based on the findings of Backward Class Commission headed by M G Gaikwad, the government gave its nod for reservation to Marathas under a special provision — Socially and Educationally Backward Class Act.
- The reservation gave BJP a political edge over the then rival Congress-NCP.
High Court’s Ruling on the Maratha Quota
- In June 2019, the Bombay High Court upheld the constitutional validity of the Maratha quota under the Socially and Educationally Backward Classes (SEBC) Act, 2018.
- While ruling that the 16 per cent quota granted by the state was not ‘justifiable,’ the HC reduced it to 12 per cent in education and 13 per cent in government jobs, as recommended by the Maharashtra State Backward Class Commission.
- The HC, however, said that the limit of reservation should not exceed 50%. However, in exceptional circumstances and extraordinary situations, this limit can be crossed.
- The court heavily relied on the findings of the 11-member Maharashtra State Backward Class Commission (MSBCC) headed by Justice G M Gaikwad (retd).
Supreme Court’s Stance on the Maratha Quota
- In May 2021, a five-judge Constitution bench of the Supreme Court headed by Justice Ashok Bhushan struck down the provisions of Maharashtra law providing reservation to the Maratha community,
- Which took the total quota in the state above the 50 per cent ceiling set by the court in its 1992 Indra Sawhney (Mandal) judgment.
- In November 2022, after the SC upheld the 10 per cent quota for the Economically Weaker Sections, the state government said that until the issue of Maratha reservation is resolved, economically weaker members of the community can benefit from the EWS quota.
The 102nd Amendment Act of 2018 and its Impact on the Maratha Quota
- It introduced Articles 338B and 342A in the Constitution.
- Article 338B deals with the newly established National Commission for Backward Classes.
- Article 342A empowers the President to specify the socially and educationally backward communities in a State.
- It says that it is for the Parliament to include a community in the Central List for socially and backward classes for grant of reservation benefits.
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