Centre rules out providing constitutional protection to Maratha quota law despite protests

Amid vehement protests for the restoration of the Maratha quota, the Centre ruled out giving constitutional protection to the Maharashtra State Reservation for Socially and Educationally Backward Classes Act. Coming into force on November 30, 2018, the Maratha community was declared as a 'Socially and Educational Backward Class' and accorded it 16% reservation in educational institutions and public employment. While the Bombay High Court reduced the quantum of quota to 12% in educational institutions and 13% in public employment, the SC stayed the reservation altogether on September 9, 2020. 

In response to DMK MP AKP Chinraj on Tuesday, the Union government rejected the possibility of incorporating the aforesaid law in the Ninth Schedule of the Constitution. Notably, The Tamil Nadu Backward Classes, Scheduled Castes and Scheduled Tribes (Reservation of Seats in Educational Institution and of Appointments or Posts in the Services under the State) Act, 1993 was inserted in the Ninth Schedule in 1994 giving legal sanction to 69% reservation in Tamil Nadu. Moreover, Union MoS Social Justice Pratima Bhoumik clarified that there was no proposal to override the Indra Sawhney verdict capping reservations at 50%.

The Maratha quota conundrum

On May 5, the Constitution Bench of the Supreme Court comprising of Justices Ashok Bhushan, S Abdul Nazeer, L Nageswara Rao, Hemant Gupta and S Ravindra Bhat unanimously ruled that neither the Gaikwad Commission nor the Bombay High Court made out any grounds for exceeding the ceiling of 50% reservation for Marathas. Moreover, the apex court observed that there was no question of revisiting the verdict in the 1992 Indra Sawhney vs Union of India case. To assuage the hurt feelings of the community, the MVA government issued an order on May 31 extending the benefits of the Economically Weaker Sections quota to eligible Marathas.

Thus, Maratha youths whose annual family income is less than Rs.8 lakh will be able to avail EWS quota providing 10% reservation in jobs and educational institutions. Thereafter, Uddhav Thackeray met Prime Minister Narendra Modi on June 8 and raised various issues concerning the state including the Maratha quota setback. After the meeting, Ashok Chavan stressed the need to relax the 50% reservation ceiling. 

Meanwhile, BJP Rajya Sabha MP Chhatrapati Sambhajiraje has started an agitation demanding the restoration of the Maratha reservation. During his statewide tour on the reservation issue, he has met representatives of the Maratha community living in various districts including Nashik, Kolhapur, Akola, Dhule, Beed, Raigad, Amravati, Aurangabad, Jalna, Thane, Mumbai, Navi Mumbai, Palghar and Nandurbar. He has already put forth multiple demands to Thackeray such as benefits for Marathas in education and business, hostels for them in every district headquarters and more funds for the SARTHI.