Maharashtra assembly on Tuesday unanimously passed the bill providing 10% reservation in education and jobs to Maratha community

Sanjay Jog

The Maharashtra State Reservation for Socially and Educationally Back ard Classes Act, 2024 was presented in the state assembly by Chief Minister Eknath Shinde providing 10% quota in government jobs and education was unanimously passed. The bill was based on the Maharashtra State Backward Class commission's report submitted by Chairman Justice (retired) Sunil Shukre last week which identified Maratha community as socially and educationally backward.?

Opposition parties had written a letter to CM Shinde seeking his response on several points before passing the bill granting 10%reservation to Maratha community. Opposition took strong objection for gocernment's move to take up the bill for passage without any debate.

Opposition in its letter has sought clarification on, 1) whether the reservation will survive the test of law? 2) the government must clarify that the present reservation will not harm OBC reservation 3) the government must disclose details of discussion between the government and Maratha social activist Manoj Jarange-Patil and also the assurance given 4) The government must clarify on the present situation with respect to notification issued to amend the draft rules while giving caste certificates by including the word sage-soyare (extended relatives).

Shinde in his speech termed the bill as historic, bold saying that the reservation will survive the test of law. "As a head of the state, I have always maintained positive mindset towards demands of every community and not only of Maratha. There will be No threat to the reservation of any community," he said.

Shinde added that the government is confident that the reservation will survive the test of law. "We are giving this reservation by clearing all legal obstacles.There are many states which have gone beyond the limit of 50%. We are confident that this government will be successful in safeguarding the reservation in the court," he said.

This will be over and above the 50% quota limit imposed by the Supreme Court. The proposed quota benefits won't be available in the minorities education institutes.

With today’s proposal the reservation currently available to various communities in Maharashtra rises to 72% which includes the 10% quota provided to the Economically Weaker Section (EWS) as per the Centre’s law. Although the bill will be passed in the state legislature the observers say it will be challenged in the court of law. On the other hand, MahaYuti partners claim that it will stand the legal scrutiny and help gain political mileage during the Lok Sabha and state assembly elections.?

The bill was cleared by the state cabinet chaired by Chief Minister Eknath Shinde on Tuesday before the commencement of a special session of the state legislature. The bill will be presented in the state assembly and council during the day. The section 11 of the Bill reads ‘’It is necessary to provide 10% quota to Maratha community in government jobs and education.’’??The proposed reservation is based on the findings of the Maharashtra State Backward Classes Commission (MSBCC) which had submitted its report last week after conducting a survey across the state with the involvement of Gokhale Institute of Politics and Economics. The quota is necessary as the Maratha community, which constitutes 28% of the state population, is Socially and Educationally Backward Class. It is not justifiable to keep the Maratha community in the Other Backward Classes category and thus providing a quota under the SEBC category.?

It was observed that 94% persons are from the Maratha community in the total cases of farmers suicides reported in the state. The MSBCC in its report has said that the financial condition of the Maratha community is deteriorating due to diminishing income because of fragmented landholdings, loss of traditional status enjoyed over the years due to agriculture and also due to lack of due attention on youth training. Furthermore, due to illiteracy and absence of higher education, the Maratha community has not received due representation in government jobs.?

Considering the population percentage of the Maratha community it was found that it has not got the representation in jobs, service and education.?

The bill has proposed that the state government needs to conduct a review after every 10 years of the benefits received to the Maratha community due to the 10% reservation and thereafter do the necessary changes.?The bill was moved to pacify the agitated Maratha community which was mobilised under the leadership of pro-quota activist Manoj Jarange Patil. With today’s move the Chief Minister Eknath Shinde has fulfilled its promise and oath which he took during the Dussehra rally before the Chhatrapati Shivaji statue.?

However, the government will have to settle the issue of providing Kunbi certificates to the Maratha community demanded by Jarange Patil who has been insisting that the government should bring in a law to give such benefits for Sagesoyare. The government had issued a draft notification seeking suggestions and objections in this regard though it has rejected Jarange Patil’s demand of blanket reservation.?

Veteran OBC leader and NCP minister Chhagan Bhujbal has repeatedly opposed giving Kunbi certificates to Maratha community for providing benefits under OBC quota. Bhujbal had argued that it would hamper the OBC reservation and such back door quota to Maratha community will create hardships for the OBC community. A visibly agitated Bhujbal drew? Assembly Speaker Rahul Narwekar's attention that he has been receiving threats from pro Maratha quota protestors. Speaker asked the government to take note of Bhujbal's concern and provide him adequate security.

It must be mentioned that the Congress NCP government ahead of assembly elections in 2014 had proposed 16% reservation to the Maratha community but it was struck down by the high court. Thereafter, the?

Devendra Fadnavis led government ahead of state assembly election in 2019 provided 16% quota to Maratha community though it was upheld by the Bombay High Court but the quota was reduced to 13% in government jobs and 12% in education. However, the Supreme Court scrapped the Maratha quota in May 2021.