Third time lucky? Why the new law is unlike two previous bids to provide reservation to Marathas
- The 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
Key Highlights
- The Bill was formulated based on a report of the Justice (retired) Sunil B Shukre -led Maharashtra State Backward Class Commission (MSBCC).
Narayan Rane committee
- In a first bid for a special law for Marathas, the government brought in an ordinance giving 16% reservation in government jobs and education to the community, ahead of the 2014 elections.
- It was based on the recommendations of a Narayan Rane-led committee, which was not a statutory backward class commission.
Gaikwad Commission
- The Gaikwad panel gave its report in November 2018, after a survey of 43,629 families
- The report said that 76.86% of the Maratha families were engaged in agriculture and agriculture labour (combined)
- 6% were in government and semi-government services, 3% in private services, 4% in trade and industry, and 9% in non-agricultural physical labour.
- The legislation was first challenged in the Bombay High Court, which ruled that the quota granted under the Act was not “justifiable
- And reduced it to 12% in education and 13% in government jobs.
- The matter went to the Supreme Court, and in May 2021, a Constitution Bench struck down the quota altogether
- The Court “left it open to the State to collect relevant data to find out whether a particular case or community is to be included in the backward class”.
- It was based on this that the Justice Shukre panel was formed
- With the Shinde government’s brief for it being to go in for a large-scale survey,
- It calls for separate reservation to the Marathas to increase their representation in government jobs and developed sectors.
Prelims Takeaway
- State Backward Class Commission
- Constitution Bench