Marathas To Be Officially Declared ‘Backward’: State To Pass Bill By 30 November For 16 Per Cent Reservation

Maharashtra’s BJP led-government has decided to pass the Maratha quota bill by Friday (30 November), the last day of the state assembly’s winter session. Prior to that, an amendment will likely be tabled on Wednesday or Thursday, stated a senior minister who was part of the cabinet sub-committee that had been formed to implement the quota for Marathas in government jobs and education, reported the Hindustan Times.

The government agreed to the demand for a 16 per cent quota for the Maratha community, following the Maharashtra State Backward Class Commission’s (MSBCC) report endorsing the community’s ‘backwardness’. The state at present already exceeds the Supreme Court mandated 50 per cent cap on reservation, with reservations adding up to 52 per cent.

A member of the subcommittee, Shiv Sena leader and Public Works Department (PWD) Minister Eknath Shinde, said, “ We discussed the legal feasibility of the bill and the ways to adapt it to make it legally sound. We are keen on granting 16 per cent reservation to the community.”

Another minister from the subcommittee stated that there were two options going forward, one was to spell out the quantum of reservation in the bill itself, or otherwise to only clear reservation for Marathas under the ‘socially and educationally backward’ category and finalise the exact quota later on, adding that Kunbi-Marathas, who currently get reservation benefits under the Other Backward Classes (OBC) category, will not be covered by the new category.

The subcommittee is considering tabling the amendment under Schedule 9 of the Constitution to protect it from legal challenges. Acts and regulations included in Schedule 9 are given immunity from being subject to challenge and invalidation, even if they impede a fundamental right, by Article 31B.

For four consecutive days now, the Maharashtra assembly has been adjourned by disruptions stemming from the Maratha quota row. The opposition has demanded that the MSBCC’s report be made public, which the government has refused to do, citing the reason that it may cause further difficulties in implementing the Maratha reservation. Even once the bill is passed and signed, it may also require approval from the President as some central laws may be involved.