Maharashtra mulls over commission for sub-classification of SC quota

The Eknath Shinde government is expected to recommend a commission to collate empirical data to evaluate the backwardness of the castes

Mumbai: After the Supreme Court ruled on July 1 that states are constitutionally empowered to make sub-classifications within the Scheduled Castes (SC) quota as they form a socially heterogeneous class, a committee formed last year by the Maharashtra government is expected to recommend a commission to collate empirical data to evaluate the backwardness of the castes.

Maharashtra Chief Minister Eknath Shinde with State Deputy Chief Ministers Devendra Fadnavis and Ajit Pawar. (ANI Photo) (Deepak Salvi)

In a landmark majority ruling, the apex court said that state governments’ decisions on sub-classification would be subject to judicial review, and the states will have to justify their decision based on empirical evidence regarding the extent of backwardness. The seven-member bench said that the sub-classification should be based on “quantifiable and demonstrable data” of backwardness and representation in jobs and not on “whims” and as a matter of “political expediency”.

Based on the ruling, the Maharashtra government plans to carry forward the process it had initiated last year. Following aggressive protests by the Matang community over the last few years, the state government had constituted a committee of experts and officers in December 2023 to give their recommendation regarding sub-categorisation within the 13% SC quota.

The committee, comprising the principal secretary of the social justice department, social welfare commissioner, legislators and independent subject experts, visited Karnataka, Punjab and Haryana to study how they had gone ahead with the sub-classification within the SC quota. “We were planning to visit other states like Tamil Nadu and Andhra Pradesh too, but since the apex court has given its verdict, the committee will soon submit its report,” said Om Prakash Bakoria, commissioner of social welfare in the state, and member of the committee.

The committee is expected to submit its report by August 15. “We will recommend a commission under a retired high court judge to collate the empirical data. The commission can complete it in three to four months like the state commission for backward classes done this year,” said an official requesting anonymity.

In Maharashtra, the SC quota comprises 59 castes, including dominant castes like Mahars, Charmakars, Dhors and Matangs. The Matang community organisations had been protesting for sub-categorisation, claiming that despite being the second-largest caste in the state in terms of population, the Mahars, Charmakars, and Dhors take away a major chunk of reservation.

SCs account for around 13% of the state’s 129 million population, out of which there are over eight million Mahars and six million Matangs. In response to the demands, chief minister Ekanth Shinde held meetings with the community’s representatives in March last year and announced the formation of the committee.

“Barring 2-3 of the 59 SC castes, the rest have been backward as they did not get the benefits of the reservation,” said Machindra Sakate, another committee member and professor of sociology at Sadguru Gadage Maharaj College, Karad. “The SC decision and the recommendation by our committee will help uplift the castes lagging behind. Sub-classification is a much sought-after step,” he added.

With two months to go before the assembly polls, the Mahayuti government would be in favour of the sub-classification at the earliest. “The Matang community largely stands by the BJP, while Mahars are traditional voters of the Congress,” said an official from the social justice department. “Since the Matangs are demanding a 7% quota within the SC reservation of 13%, the decision over the sub-classification would help the ruling parties get the community’s vote. But there is also a fear of other castes from SC deviating away from the ruling alliance.”

Former minister and Congress leader Nitin Raut, who is the national working president of the party’s SC cell, said, “I agree that some of the castes within Scheduled Castes would have remained backward, but there should have been concentrated efforts to ensure that they get equal benefits. It is beyond imagination why the apex court ruled in favour of sub-categorisation now. We have been demanding a caste-based census in the country, and it will help handholding of the backward classes based on the findings. I doubt if the decision coincides with the ruling parties’ defeat in the Lok Sabha elections amid the discussion over ‘change in the constitution’, the BJP’s push to the Manuwadi ideology by raking up Rahul Gandhi’s caste, and their conspicuous silence over the demand of the caste-based survey.”

Noted Dalit writer Laxman Mane said the sub-classification within the SC quota would lead to infighting between Mahars, Charmakars, Buddhists and others. “The reservation benefits nobody as there are no government jobs left, and the budgetary allocation has been dwindling. Despite it, there is constant tweaking in the constitutional setup of the quota for political gains,” he said.