In a crucial event, the Supreme Court (SC) is on the brink of commencing the final hearing on the batch of Special Leave Petitions (SLPs-Article 136) against Maratha reservation in Maharashtra. Conducted through video-conferencing, the apex court will also bring to table a petition that challenges admission to postgraduate medical and dental courses under the state quota.
The Challenge Against Bombay High Court Decision
The SLPs stand in opposition to the Bombay High Court (HC) decision which confirmed the constitutional validity of the Maratha quota under the state’s Socially and Educationally Backward Classes (SEBC) Act, 2018. This Act pertains to the reservation of seats for admission in state educational institutions as well as reservation of posts for appointments in public services and state posts. One of the unique aspects of Maharashtra is its reservation which exceeds 50%, a feature shared by only a few states like Tamil Nadu, Haryana and Telangana. According to the Indra Sawhney case verdict of 1992, the total reservation for backward classes should not cross the 50% benchmark.
Background: The Medical Students’ Dispute
A faction of aspiring medical students challenged the constitutional validity of an amendment to the SEBC Act, 2018. This amendment allowed Maratha reservation for 2019-2020 admissions to MBBS courses. In response, the Bombay HC refuted the petition in July 2019. Consequently, time and again, the SC decided against imposing an interim stay on the quota. Recently, the SC turned down a plea by medical students demanding that the 12% quota should not be applicable for admissions in postgraduate medical and dental courses for the academic year 2020-21.
Ruling by Bombay High Court on Maratha Quota
In July 2019, the Bombay High Court concluded that the 16% quota granted by the state wasn’t ‘justifiable’. Consequently, it was reduced to 12% in education and 13% in government jobs, aligning with the recommendations of the 11-member Maharashtra State Backward Class Commission (MSBCC). The court maintained that reservation should not exceed 50%, but could cross this limit under extraordinary situations and exceptional circumstances, given availability of quantifiable data reflecting backwardness, representation inadequacy and as long as administration efficiency isn’t affected.
Marathas: A Dominant Community in Maharashtra
Marathas are primarily peasants and landowners and form around one-third of Maharashtra’s population. Most of the state’s Chief Ministers since its formation in 1960 have hailed from this community. While the division of land and agrarian issues led to a decline of prosperity among middle class and lower-middle-class Marathas, they still play an important role in the rural economy.
Findings of Maharashtra State Backward Class Commission
The commission conducted a survey involving around 45,000 families from two villages from each of 355 talukas with over 50% Maratha population. It found 76.86% of Maratha families depend on agriculture and agricultural labour for their livelihood. Nearly 70% of them are residing in Kachha dwellings while only 35-39% have personal tap water connections. It was discovered that out of 13,368 farmers who committed suicides between 2013-2018, 23.56% were from the Maratha community.
Educational and Economic Status of Marathas
Investigations revealed that 13.42% of Marathas are illiterate, 35.31% are primary educated, and 6.71% are undergraduates and postgraduates. Meanwhile, 93% of Maratha families have an annual income of under Rs. 1 lakh, which is below the average income of middle-class families. 37.38% of families were found to be Below Poverty Line compared to the state average of 24%.
Total Reservation in Maharashtra
Following the 2001 State Reservation Act, the total reservation in Maharashtra stands at 52%. This includes quotas for SCs (13%), STs (7%), OBCs (19%), Special Backward Class (2%), Vimukta Jati (3%), Nomadic Tribe B (2.5%), Nomadic Tribe C-Dhangar (3.5%) and Nomadic Tribe D-Vanjari (2%). With the addition of the 12-13% Maratha quota, the total reservation hits 64-65%. The 10% Economically Weaker Sections (EWS) quota remains effective in the state.
