Maharashtra Govt may enact fresh legislation to restore Maratha reservation

The state govt is expected to build its case on the basis of fresh data that is being collated by the state backward classes commission to ascertain the backwardness of Marathas

Mumbai: The Maharashtra government may enact a fresh legislation to restore quashed reservation for the Marathas in the backdrop of protests by the community, demanding quota in government jobs and education.

Local Maratha community members participate in a candlelight march in Mumbai to demand reservation. (HT photo/Uday Deolekar)

The state government is expected to build its case on the basis of fresh data, which is being collated by the state backward classes commission to ascertain the backwardness of Marathas. In case of a legislation, the government would withdraw its curative petition pending before the apex court.

According to a senior minister from the state cabinet and top leader of the three-party alliance, among the options open before the state governments, a fresh legislation could pave way for the restoration of quota to Marathas by proving the backwardness of the community. The government has issued a notification asking the State Commission of Maharashtra for Backward Class (SCMBC) to collate the data on Marathas. The data is expected to help the state government in proving the backwardness of the community, weed out the lapses in the previous Gaikwad commission appointed by the apex court. The state government recently issued the terms of reference for the commission for collecting empirical data.

“The SC had quashed the reservation given under Socially and Educationally Backward Classes Act 2018 on the ground that the Gaikwad commission reports did not ascertain the backwardness of Marathas. The empirical data can be collected afresh by conducting surveys, extracted from previous reports by Khatri and Gaikwad commission, as per the terms of reference issued recently. The SCMBC has also been asked to ensure that the data collated be able to comply with the apex court expectations,” said the minister who asked not to be named.

He added, “Once the report ascertains that the Marathas are backward in extraordinary and exceptional conditions, the state may think of bringing a fresh bill since our 2018 act has been quashed. While doing so, we will have to withdraw the curative petition which has been filed in the apex court. The curative petitions anyways do not serve any purpose as the petitioner does not get an opportunity argue on any new points,” said the minister.

He said that if the backwardness is proven by the SCMBC report, the state has the power to decide the quota after the 127th constitutional amendment passed in August 2021. He said that once it is proved, the state will be allowed to cross the 50% cap on the quota.

Experts are of the opinion that the Indra Sawhney ruling that defines the definition of the backwardness in extraordinary and exceptional conditions may not be applicable to other cases than the case heard in 1992. “According to the senior counsel, the community need not be living in the far flung areas or be deprived from the benefits of the government as mentioned in the order decades ago. The state government is positive about its contention to stand the bill on legal scrutiny,” an official in the know of developments said.

The SCMBC has received the terms of reference formulated by the government recently. “The government wants us to collate the data only for Marathas, but most of the commission members are of the opinion that the survey could not be restricted to any specific community as the data has to be comparative with other castes, taken into account. We will discuss the issue and the terms of reference in our meeting to be held on Saturday to decide further course of action on it,” said a member of the commission requesting anonymity.

The government has not set any time frame for SCMBC, but it expects the report to be submitted by early next year so that the bill is tabled in the legislature ahead of the Lok Sabha election. The state is insisting on the quota over 50% to avoid disturbing OBCs and legal challenges arising out of it.