Maratha reservation battle to move from streets to Legislative Assembly

“A resolution is likely to be mooted, pledging commitment to Maratha reservation. It will also underline the fact that it will not be at the cost of compromising OBC reservation,” a senior BJP leader said, requesting anonymity.

Insiders in the BJP, the Shiv Sena (Shinde faction) and the Nationalist Congress Party (Ajit Pawar faction) say they are willing to debate the vexed reservation issue.

“Our government led by Chief Minister Eknath Shinde is making a concerted effort to provide Maratha reservation which will withstand the constitutional and legal test,” Deputy Chief Minister Devendra Fadnavis said in Nagpur on Friday. “OBC reservation will be safeguarded in its current composition and will not be compromised at any cost,” he reiterated.

Ahead of the winter session, both Maratha and OBC organisations are asserting their stated position by holding meetings and public rallies. Meanwhile, activist Manoj Jarange-Patil, who was at the forefront of the Maratha reservation agitation, has set out on a statewide campaign.

“Inclusion of Marathas within the OBC category is out of the question. The OBC community will never allow it to happen,” Opposition leader Vijay Wadettiwar said. While Marathas deserve reservation, it should be given separately, he added.

“The reservation issue is complex but the problems are compounded because the state government did not tackle it properly,” state Congress president Nana Patole said. “The CM’s nod for Kunbi certificates to Marathas as demanded by Jarange-Patil was a hasty move. It has complicated the reservation issue,” he added.

On its part, the CM Shinde-led coalition finds itself on the back foot. On one hand, it has agreed to Jarange-Patil’s two-month deadline to come up with a solution; on the other, OBCs have warned of serious consequences if Marathas are included within the OBC category.

What lies ahead

With the state cabinet sub-committee led by Chief Minister Eknath Shinde to address the reservation issue already beginning consultations, a highly placed source in the government said, “The Maharashtra State Backward Class Commission (MSBCC) will play a significant role in addressing the puzzle. The commission, based on empirical data, will determine the backward status of Marathas.”

In all probability, the state government is likely to enact the 2018 formula where Marathas were given 12 and 13 per cent reservation in education and jobs under the Socially and Educationally Backward Classes Act.

Insiders in the state government say that while there is a perception that the Supreme Court has outright scrapped Maratha reservation, what has been overlooked are the apex court’s recommendations, which if adhered to, could help reinstate the reservation.

The challenges, however, are furnishing empirical data, establishing the backwardness of Marathas within constitutional norms and keeping reservation within the 50 per cent ceiling, as mandated by the apex court.

To impress its point, the Maharashtra government could cite the precedents of other states where the quota has already crossed the 50 per cent ceiling – Tamil Nadu (69 per cent); Bihar (65 per cent); Karnataka (56 per cent); Lakshadweep (100 per cent); Meghalaya (80 per cent); Rajasthan (54 per cent); Telangana (54 per cent); Sikkim (85 per cent); Nagaland (80 per cent). This data does not include the Economically Weaker Section (EWS) category. While some states have skipped EWS, others have implemented it.

“We do not see any problem in giving Maratha reservation but the process will require some time. The empirical data has to be factually correct,” a political strategist in BJP said. “Once the data is placed before the MSBCC, it will help to expedite the process, which entails proving Marathas are backward, and therefore, eligible for reservation,” he added.

Currently, Marathas are already availing of reservation under the Economically Backward Class category.