SC strikes down Maratha quota: MVA’s setback, Opposition’s advantage

The striking down of the quota for the Maratha community in Maharashtra could be a major setback for the Uddhav Thackeray-led Maharashtra Vikas Aghadi government

The striking down of the quota for the Maratha community in Maharashtra could be a major setback for the Uddhav Thackeray-led Maharashtra Vikas Aghadi government. Opposition Bharatiya Janata Party (BJP), which has blamed the MVA government for failing to secure the reservation provided by the former government, could use the unrest in the community against the ruling coalition, say political experts.

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Chief minister Uddhav Thackeray will be writing a letter to President Ram Nath Kovind and Prime Minister Narendra Modi requesting them to take a decision on Maratha reservation. “I am requesting the Prime Minister and President to take a decision on Maratha reservation as the Supreme Court has also acknowledged that it comes under their authority. Tomorrow, I will be writing a letter to them on the same and also ready to meet them, if required,” Thackeray said in his address on social media platforms on Wednesday evening.

Taking serious cognizance of the issue, the chief minister decided to address the state especially the Maratha community and requested them to exercise peace and restraint as the state is in the midst of a pandemic and the state is fighting in their support. He asked them not to get provoked as some forces may try to take advantage of the situation. “The SC verdict is disappointing as it has said that the state doesn’t have powers to give reservation… But it has also shown us a way by saying that the Centre and President has powers to grant reservation to a community. I am sure that the PM or the Centre will not disrespect this demand as it is not of just a community but of entire Maharashtra,” he pointed out.

The community

Marathas, who make up nearly 30-32% of the state population, including Kunbi-Marathas, who come under the other backward class (OBC), are a strong force in the state both politically and socially. The community has a strong presence in agriculture, rural economy, cooperative sector (sugar, bank and milk cooperative units) as well as state bureaucracy. The community has a decisive influence on nearly 75 of the 288 constituencies.

The Marathas traditionally rallied with the Congress-NCP, but that changed in the 2014 Assembly polls. The BJP and Sena dominated the western and central Maharashtra (which has strong presence of Marathas) even though they contested separately. It is assumed that in 2019 Assembly elections, the community helped the NCP bounce back as the party won a majority of its 56 assembly seats in western Maharashtra and adjoining areas that are politically dominated by Marathas. The party could also capitalise on ‘Maratha community pride’ after Nationalist Congress Party (NCP) chief Sharad Pawar, currently the most prominent Maratha politician, was targeted by the then BJP-led state government and its leaders. The Congress too has been dominated by Maratha community leaders for decades. The community strongly supported the party. The Shiv Sena has a mix voter base, including the Marathas.

Following the Kopardi rape incident (see box), the Maratha mobilisation took place and the reservation issue was put forth strongly by the community. Subsequently, the community stages over 50 marches, first silent and later violent ones, to get quota for the community. Towards the 2019 Assembly polls, many Maratha leaders from Congress-NCP switched to greener pastures of the BJP. However, the NCP-Congress turned the tables in 2019 by winning over 30 from the 58 Assembly seats in Western Maharashtra.

The three parties now face the risk of losing some of this support base, if they fail to find a solution to retain the quota granted by Fadnavis government to the community.

The blame game

State minister Ashok Chavan, who heads the cabinet sub-committee on Maratha reservation, said that then chief minister Devendra Fadnavis misled the people on quota issues by passing it without due right. He said that Solicitor General of India had clearly told the SC that the state’s right to provide quota had not been taken away.

“While setting the reservation aside, the apex court has opined that the states have no right to pass such law for reservation in the wake of the 102th constitutional amendment and the powers have been given to the Centre. The Socially and Educationally Backward Classes (SEBC) Act, 2018, was enacted in state legislature in November 2018 by then Fadnavis government, after the 102th Constitutional amendment in August that year. The state BJP leaders have been trying to put blame on us, but they have misguided the people of Maharashtra by keeping a faultline in the constitution of the Act,” Chavan said.

Chavan said as the powers to give reservation to any community lie with the Centre, the MVA will send the proposal to National Commission for Backward Classes to give reservation to Marathas in “exceptional and extraordinary circumstances”.

Fadnavis and other BJP leaders held the MVA government responsible for quashing of the reservation. Fadnavis said the state government under Uddhav Thackeray could not even effectively plead the case in the Apex court.

“The Maratha quota law was enacted by our government taking Uddhav Thackeray into confidence as the Shiv Sena was part of our government then. When it was challenged in the Bombay high court and the Supreme Court, our government effectively pleaded the case. As a result, the high court upheld the reservation, while the SC had denied a stay on it. Later, during the MVA government regime, the case was referred to another bench where it was stayed. The Solicitor General of India had clearly told the SC that states’ right to provide quota had not been taken away,” Fadnavis said.

Fadnavis said the MVA government failed to convince the court about the sanctity of the Gaikwad report and as a result of it the reservation was struck down, when reservations in other states were intact.

Political repercussions

Political analysts and observers said the BJP will use it to its advantage to corner the MVA politically. Pratap Asbe, a political analyst, said, “The Bill and subsequent law were passed during their government, but still they will make the argument emotional to fire up the Maratha youths. Whether there is any major election or not, the unrest will be engineered. We have seen what happens when a community as powerful as Marathas comes on the streets.”

Another analyst Surendra Jondhale said that although the BJP enjoys support of many Maratha leaders, unlike before 2014, it needs to be seen if the Maratha youths come under their influence. “The BJP will attempt to mobilise the Marathas and make an issue out of it. Fadnavis has played an ambiguous role in the quota issue. Interestingly, [BJP MP] Sambhaji Maharaj has taken a stand that both governments pursued the matter and he accepted the verdict. The response of Maratha youths to the BJP will be important now,” Jondhale, who was a former professor of political science at the Mumbai University.

According to a Congress leader, the SC verdict may have long-standing political repercussions. “The BJP has been painting a picture that they had given the reservation to the community, but the three-party government could not safeguard it. It is now very difficult to regain it by filing a review petition and next to impossible to include them in other backward classes. The conclusion is the reservation was struck down, when the parties with strong Maratha base are at helm of affairs. The effect may be felt in the upcoming local body elections,” said a senior Congress leader requesting anonymity.

Political analyst Hemant Desai said that the three ruling parties may have to face a setback if they do not handle the issue smartly. “All three ruling parties enjoy political support of the community and may not afford to lose it. Poor people in the community are upset with their leaders for the suppression for years,” he said.

Balasaheb Sarate Patil, a Maratha leader involved in the legal battle, said the BJP may not get advantage of the decision. “The Act which has been quashed was enacted by the Fadnavis government and even the Gaikwad commission report was submitted during his government. So the BJP cannot just blame the ruling parties,” he said.

Political analyst Prakash Bal said, “The political impact depends on how the perception is created by both the sides. The reservation given to the Marathas was never tenable and this was said by Justice PB Sawant who was member of the bench that delivered the Indra Sawhney case judgment. The politics of allegations and counter allegations will continue and is likely to be utilised as an election issue in the future.”