Begin process to restore Maratha quota, remove 50% cap: Outfits to Centre, state

A day after the Supreme Court (SC) dismissed the review petition filed by the Central government challenging its decision over 102nd Constitutional amendment, the Maharashtra government and Maratha outfits have demanded steps by the Centre to restore the Maratha reservation

A day after the Supreme Court (SC) dismissed the review petition filed by the Central government challenging its decision over 102nd Constitutional amendment, the Maharashtra government and Maratha outfits have demanded steps by the Centre to restore the Maratha reservation. The outfits have demanded that the Centre as well as the state begin constitutional procedures to restore the reservation.

HT Image

The SC verdict could be a favourable development from the viewpoint of the state government as the order has made it clear that the power to give the reservation to any community lies with the Centre. While quashing the reservation given to the Maratha community in education and jobs through the Socially and Educationally Backward Classes (SEBC) Act 2018, the SC had, on May 5, said that state’s powers of giving reservation have been done away by the 102nd Constitutional amendment in August 2018. The review petition filed by the Centre challenging the Apex court’s verdict was dismissed by the SC on Thursday.

The Maharashtra government, reacting to it, has demanded a Constitutional amendment to restore the reservation.

State public works minister and head of the cabinet sub-committee on Maratha reservation Ashok Chavan said the SC, through Thursday’s verdict, has reiterated that the power to give reservation lies with the Centre. “The Central government now needs to amend the Constitution to restore state’s power and to do away with the 50% cap on reservation. The Centre should take a call on it in the ensuing monsoon session of the parliament,” he said.

Meanwhile, the SC verdict has led to blame game between the ruling and opposition parties in the state. While the Congress has blamed the Bharatiya Janata Party (BJP) for “misguiding” the community during its rule in the state, BJP leaders said that the ruling parties should stop blaming the Centre for everything.

“The latest SC verdict has established that only the Centre is empowered to give reservation. The BJP misled the Maratha community by enacting the law in 2018 when the state had no right to do so,” said Maharashtra Congress chief Nana Patole.

BJP leader and former minister Ashish Shelar said the process for inclusion of any caste in the list of backward classed needs to be initiated by the state. He added that once the Centre approves the backwardness of the community, enactment of the law is also the responsibility of the state government. BJP state unit chief Chandrakant Patil has written a letter to chief minister Uddhav Thackeray and demanded that the state immediately begin the process of survey by the state backward classes commission. He said that the inclusion is done by the Centre on the basis of the report submitted by the state government.

Virendra Pawar, one of the coordinators of Maratha Kranti Morcha, said Maratha outfits would have to simultaneously fight its battle with the state as well as the Centre. “Our fight now starts from the scratch after the review petition was dismissed by the Apex court. The state government will have to recommend the inclusion of any community backward classes to the Centre, for which new survey is necessary. Maratha outfits are all set to take this battle forward by chalking out new strategy,” he said.

According to insiders in the state government, the verdict has, in a way, put the onus on the Centre to take steps for the restoration of the reservation. “The Centre will now have to take constitutional step to establish its stand that the state’s power on reservation is intact. Even if the Centre does so, the state cannot cross the 50% limit as the SC had refused to review the cap while giving its May 5 ruling. Therefore, we have demanded constitutional amendment to remove that cap too,” said an official form the state government.

The officer said that the state cannot ask the backward classes commission to conduct survey to prove the backwardness of Maratha community as it would be contradictory to the review petition filed the state. The state government has filed its review petition challenging the 50% cap and Apex court’s remarks questioning the standing of the Gaikwad commission report which was base for the Maratha reservation.

The state government-appointed committee under retired high court judge Dilip Bhosale had recommended fresh survey of the community to establish their backwardness.