Amidst ongoing protests by the Maratha community, demanding reservation in government jobs and education, the Maharashtra government is contemplating the enactment of fresh legislation to restore the quashed reservation for Marathas. The state government plans to present its case based on newly collated data by the State Backward Classes Commission, assessing the backwardness of the Marathas. If legislation is pursued, the government will withdraw its curative petition currently pending before the Supreme Court.
A senior minister from the state cabinet and a prominent leader of the three-party alliance disclosed that among the options under consideration, introducing new legislation could be a viable avenue for reinstating Maratha quotas by establishing the community’s backwardness. The government has issued a notification directing the State Commission of Maharashtra for Backward Class (SCMBC) to compile data on Marathas, aiming to demonstrate their backwardness while rectifying lapses in the earlier Gaikwad commission appointed by the apex court. The terms of reference have been recently issued for the commission to collect empirical data.
The minister, requesting anonymity, explained, “The Supreme Court had invalidated the reservation provided under the Socially and Educationally Backward Classes Act 2018, citing deficiencies in the Gaikwad commission reports regarding Maratha backwardness. The SCMBC has been tasked with collecting empirical data, and if the Marathas are found to be backward in extraordinary conditions, a fresh bill might be considered.”
He further added, “Once the report establishes the extraordinary and exceptional backwardness of Marathas, the state may contemplate introducing a new bill, given that our 2018 act has been invalidated. In doing so, the withdrawal of the curative petition filed in the Supreme Court becomes necessary. The curative petitions are generally ineffective, lacking an opportunity for the petitioner to argue new points.” The minister emphasized that if the SCMBC report confirms Maratha backwardness, the state, post the 127th constitutional amendment in August 2021, gains the authority to determine quotas exceeding the 50% cap. Legal experts are optimistic about the state’s contention, asserting that the precedent set by the Indra Sawhney ruling might not apply universally. The senior counsel argues that the community need not reside in remote areas or be deprived of government benefits, as mentioned in the decades-old order.
The SCMBC, having received the recent terms of reference, is deliberating whether to restrict the survey solely to Marathas or consider a broader spectrum by comparing data with other castes. The government, without specifying a timeframe, anticipates the report’s submission by early next year, allowing for legislative action ahead of the Lok Sabha elections. The state is keen on maintaining quotas above 50% to avoid disruption among OBCs and the associated legal challenges.
