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Maharashtra Assembly Passes 10% Reservation Bill For Marathas

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

The Maharashtra State Reservation for Socially and Educationally Back
ward 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.

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