Syllabus: GS-I
Subject: Society and Social Justice
Topic: Social empowerment and welfare
Issue: Maratha Reservations
Context: Maharashtra Assembly has unanimously passed a Bill to set aside 10% reservation for the Marathas under socially and educationally backward categories in jobs and education.
Synopsis:
- The Bill was formulated based on a report of the Justice (retired) Sunil B Shukre-led Maharashtra State Backward Class Commission (MSBCC).
- Previous attempts which failed legal challenges:
| 2014 | Ordinance giving 16% reservation for Marathas | Stayed by the Bombay High Court.
|
| 2018 | Maharashtra’s Socially and Educationally Backward Class (SEBC) Act provides 16% reservation. | A Constitution Bench, in 2021 struck down the quota altogether, for failing to justify breach of the 50% quota ceiling. |
Case Law: Indra Sahwney v Union Of India 1992
The Supreme Court ruled that the total reservation for SCs, STs, and OBCs should not exceed 50% of available seats or positions.
Related Articles in Constitution:
- Article 15 – State has the power to make any special provision for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes.
- Article 16 – State has the power to make any provision for the reservation of appointments or posts in favour of any backward class of citizens which, in the opinion of the State, is not adequately represented in the services under the State.
- Article 342A – President’s power to issue the Central list of SEBCs(Socially and educationally backward classes). Parliament by law can include/exclude. States can maintain separate lists.
