In Maharashtra, the Maratha community’s demand for reservations in educational institutions and government jobs has re-emerged as a central issue. This demand is deeply linked with the broad category of Socially and Educationally Backward Classes (SEBC), which forms an essential component of India’s reservation structure.
Understanding the Maratha Community and Its History
The Marathas are a collection of castes that include peasants and landowners, among others, and account for about 33% of Maharashtra’s population. Although most Marathas speak Marathi, not all Marathi-speaking individuals are Marathas. Traditionally, Marathas were identified as a ‘warrior’ caste with substantial land holdings. However, due to varied reasons such as land fragmentation, agrarian distress, unemployment, and limited educational opportunities, many Marathas have experienced social and economic hardships over time.
Tracing the Evolution of the Maratha Reservation Demand
The Marathas have been demanding reservation in government jobs and educational institutions under the SEBC category, given their socio-economic challenges. The demand materialized in 2017 when an 11-member commission led by Retired Justice N G Gaikwad recommended granting reservation under the SEBC category for Marathas. In 2018, the Maharashtra Assembly passed a Bill proposing a 16% reservation for the Maratha community.
The Course of Maratha Reservation in the Judiciary
The Bombay High Court in 2018 upheld the reservation but suggested reducing it to 12% in education and 13% in jobs, instead of the proposed 16%. However, in 2020, the Supreme Court of India stayed its implementation referring the case for review by a larger bench, headed by the Chief Justice of India. In 2021, however, the Supreme Court struck down the Maratha reservation.
The court cited the violation of the 50% cap on total reservations it had set in 1992. The 12% and 13% reservation for the Marathas had increased the overall reservation to 64% and 65%, respectively. The court ruled that there were no ‘exceptional circumstances’ or ‘extraordinary situations’ in Maharashtra to breach this limit.
The 102nd Amendment Act of 2018: A Constitutional Perspective
In addition to the cap issue, the Supreme Court stated that states had no authority to grant socially and economically backward status to any community. This power rests solely with the president, who can tweak the central list of socially and backward classes. States can only make “suggestions.”
The court’s ruling upheld the constitutional validity of the 102nd Constitution Amendment Act enacted in 2018. However, the justices differed on whether this amendment affected the states’ power to identify SEBCs.
Present Status of the Maratha Reservation
As of November 2022, following the Supreme Court’s decision to uphold a 10% quota for Economically Weaker Sections (EWS), the Maharashtra government stated that economically weaker members of the Maratha community could benefit from the EWS quota until the Maratha reservation issue gets addressed.
Summary of the 102nd Amendment Act of 2018
The 102nd Amendment Act of 2018 introduced Articles 338B and 342A into the Indian Constitution. Article 338B deals with the newly established National Commission for Backward Classes. Concurrently, Article 342A empowers the Indian President to specify the socially and educationally backward communities in a State. It emphasizes that the Parliament has the authority to include a community in the Central List for socially and backward classes for granting reservation benefits.