Constitutional background of Reservation in India
- Article 15(4) and Article 15(5) provide for reservation to Socially and Educationally Backward classes and SC/STs in admission to educationally institutions.
- Article 15(6) provides for reservation to economically weaker sections of society in admission to educational institutions, added through 103rd constitutional amendment.
- Article 16(4) provides for reservation to backward classes and SC/STs in public employment.
- Article 16(6) provides for reservation to economically weaker sections in public employment.
- Article 335 provides for enabling provision of reservation for Scheduled Castes and Scheduled Tribes to services and posts under the union and the state. However, the efficiency of administration should be maintained.
- The 77th amendment in 1995 provided for reservation in promotion of any services under the state for SC/STs.
Judicial take on OBC Reservations
- V.P. Singh government in 1990, declared reservations of 27% government jobs for the OBCs. In the Mandal case or Indra Sawhney case, the Supreme Court upheld the OBC reservation, but imposed certain conditions like ceiling limit of 50% on reservation quota, no reservation in promotion, etc. The court accepted that the Caste continues to be marker for identifying socially and educational backwardness.
- Similarly, in Janhit Abhiyan Case, Supreme Court upheld the EWS reservation granted through the 103rd constitutional amendment.
Maratha Reservation issue
- 1997: First major Maratha agitation for reservation in government jobs and educational institutions was organised by the Maratha Mahasangh and the Maratha Seva Sangh.
- 2014: Maharashtra government brought 16% reservation for Marathas in government jobs and education. However, the High court put a stay on it and this stay was subsequently upheld by the Supreme Court.
- 2017: The Maharashtra government then set up Gaikwad Commission to study the social, financial and educational status of Maratha community. Based on commission's recommendation, Socially and Educationally Backward Class Act, 2018 was enacted to provide 16% reservation to Marathas in education and government jobs.
- 2021:Supreme Court holds Maratha Reservation unconstitutional and strikes down the law. The court opined that the government failed to provide sufficient data to justify exceeding the 50% quota ceiling. But the Supreme Court allowed the State Government to collect empirical data for showing the backwardness of the community.
- Exceeds the 50% ceiling limit imposed on reservations by Indra Sawhney judgement.
- Gaekwad Commission report lacks reliable, scientific and adequate data to justify the backwardness of Marathas.
- The Act created a special class of reservation for Marathas outside the OBC class and violates Article 14, 16 and 19 of the Constitution by bestowing them with special benefits.
- The Act was passed without complying with procedural requirements mandated by 102nd Constitution (Amendment) Act, 2018.
- 2023: The State government set up Justice Shukre panel to conduct large scale survey of the community.
- Salient Features of Shukre Panel's report:
- Marathas accounted for 28% of the population of the State, of which 84% of them are backward. So, such a large scale of backward community needs to be provided with separate reservation bracket.
- It gave reasons like decline in agricultural income, partitions in land holdings, extreme poverty as reasons for Maratha's backwardness.
- 94% of farmers who died by suicide in the state belonged to Maratha community.
- Inadequate representation of the community in all the sectors of public service, which has kept them excluded from the mainstream.
Issues/Concerns with providing reservations to Marathas
- Providing community specific reservations will flare similar demands in other provinces.
- Reservations in Maharashtra will overshoot the 50% limit, hence compromise the principle of superiority of merit.
- Discriminates other communities by giving Marathas a special privilege.
- Reinforces the grip of caste-based politics and mobilisation.
- Against the constitutional structure of providing reservations for SCs, STs, OBC and EBC.
- Demand for reservations among agrarian communities is due to following reasons:
- Low income in agricultural households
- Feeling of relative deprivation
- Feeling of losing of dominance in rural areas as communities lower in social hierarchy such as SCs have gained economically and politically from the reservations.
- Low participation in modern economy sectors like IT, Finance, Banking etc.
Thus, the government should be focusing on modernizing agriculture, education and opportunities for these communities.
Conclusion:
So, this time the State government has backed up its Maratha reservation law with broader set of empirical data. But it is now for the Judiciary to decide whether the law stands the test of Constitutionality.