Syllabus: GS-II, Subject: Polity, Topic: Right issue, Issue: Maratha quota law
Context: Maharashtra assembly recently passed the Maratha quota law.
- Based on a report from the Maharashtra State Backward Class Commission led by Justice (retired) Sunil B Shukre.
- Marathas constitute 28% of Maharashtra’s population, with 84% of them not socially advanced.
- Reasons cited for Maratha backwardness include extreme poverty, decline in agricultural income, and landholding partitions.
- The Commission justifies reservation for Marathas beyond the 50% limit due to “exceptional circumstances and extraordinary situations.”
- Divide Marathas into – Non-Kunbi Marathas (covered under a separate category), Kunbi Maratha will get OBC certificate.
- Apply the concept of Creamy layer to Maratha community.
- The new Bill in Maharashtra does not affect the existing OBC quota.
- With the Maratha reservation, the total reservation will increase to 72%.
Judicial scrutiny of Maratha reservation:
- Bombay High Court, in 2014, stayed the Maratha quota ordinance, citing that Marathas could not be considered backward.
- A Constitution Bench of Supreme Court in 2021 ruled against breaching the 50% reservation cap for Marathas, stating no “exceptional circumstances” exist.
- Expert believe that Marathas are deemed politically dominant and landholders, making it challenging to justify their social and educational oppression.
