Maratha quota protest heats up: What SC, Bombay HC have ruled on it, what steps state govt is taking

The Marathas are a group of castes comprising peasants and landowners, among others, constituting nearly 33 per cent of state’s population. The demand for Maratha reservation is not new in the state. The first protest over this was held 32 years ago by Mathadi Labour Union leader Annasaheb Patil in Mumbai.

What did the Bombay High Court rule in 2019?

In November 2018, the then BJP government in Maharashtra passed a Bill proposing 16 per cent reservation in education and government jobs for the Maratha community. This was challenged in court.

In June 2019, the Bombay High Court bench of Justices Ranjit V More and Bharati H Dangre 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 said that while the reservation ceiling should not exceed 50%, in exceptional circumstances and extraordinary situations, this limit can be crossed if quantifiable data reflecting backwardness is made available.

What did the HC rely on?

The High Court relied heavily on findings of the 11-member Maharashtra State Backward Class Commission (MSBCC) headed by retired Justice G M Gaikwad. The Committee surveyed about 45,000 families, from two villages in each of the 355 talukas that had more than 50 per cent Maratha population. The November 2015 report found the Maratha community to be socially, economically and educationally backward.

In social backwardness, the Commission found that around 76.86 % of Maratha families are engaged in agriculture and agricultural labour for their livelihood and nearly 70% reside in Kachha dwellings, while only 35- 39 % have personal tap water connections. Moreover, the report said that in 2013-2018, a total of 2,152 (23.56%) Maratha farmers died by suicide, against total 13, 368 farmer suicides.

The Commission also found that 88.81 % Maratha women are involved in physical labour for earning a livelihood, besides the physical domestic work they perform for the family.

In educational backwardness, it found that 13.42 % of Marathas are illiterate, 35.31 % primary educated, 43.79 % HSC and SSC, 6.71 % undergraduates and postgraduates and 0.77 % technically and professionally qualified.

Why did the Supreme Court strike down Maratha reservation?

In May 2021, a five-judge Constitution bench of the Supreme Court struck down the Maratha quota, which took the total reservation in the state above the 50 per cent ceiling set by the court in its 1992 Indra Sawhney (Mandal) judgment.

The Apex court said that the 50% ceiling, although an arbitrary determination by the court in 1992, is now constitutionally recognised. It said there was no extraordinary circumstance to cross the 50% mark, adding Marathas were a “dominant forward class and are in the main stream of National life”.

The quota had been challenged in the Supreme Court by lawyer Jaishri Laxmanrao Patil and others.

In November 2022, after the SC upheld the 10 per cent quota for Economically Weaker Sections, the Maharashtra government said that until the issue of Maratha reservation was resolved, economically weaker members of the community could benefit from the EWS quota.

In April this year, after the SC turned down its review plea, the state government said it would file a curative petition and form a new panel for a detailed survey of the ‘backwardness’ of the community.

What is the latest step by the Maharashtra government?

Taking note of Jarange-Patil’s protest, the state on September 7 formed a five-member committee under Justice (retired) Sandeep K Shinde to study the procedure of giving Kunbi (OBC) certificates to Marathas, based on documents, including revenue records, from Nizam period. The Nagpur bench of the Bombay High Court dismissed a plea against the formation of the panel.

Chief Minister Eknath Shinde later said the five-member committee had so far checked 1.73 crore records, where 11,530 Kunbi records were found. The state Cabinet on Tuesday accepted the first report of the panel.

CM Shinde said the state will soon file a curative petition in the Apex Court.

What is the existing reservation in Maharashtra?

In the state, following the 2001 State Reservation Act, the total reservation is 52 per cent. This included quotas for Scheduled Caster (13%), Scheduled Tribes (7%), Other Backward Classes (19%), Special Backward Class (2%), Vimukta Jati (3%), Nomadic Tribe B (2.5%), Nomadic Tribe C-Dhangar (3.5%) and Nomadic Tribe D-Vanjari (2%).
With the addition of the 12-13 per cent Maratha quota, the total reservation in the state had gone up to 64-65 per cent. The 10 % EWS quota is also effective in the state.

Besides Marathas, communities including Dhangar, Lingayats and Muslims have also raised demands for reservation.