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Reservation and laws for social groups: Maratha Reservation Bill 2024

29 Feb 2024 Reservation and laws for social groups: Maratha Reservation Bill 2024

Posted at 18:23h in Daily current-affairs by
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Source – The Hindu and PIB.

General Studies – Indian Constitution, Historical Basis, Article 15, Socially and Educationally Backward Classes (SEBC), Maratha Reservation, Constitutional Amendment, Important provisions and basic structure of reservation, Structure and functions of Parliament and State Legislature, Functioning powers and privileges

Why in the News ?

  • The Maharashtra State Assembly unanimously passed a bill on 20 February 2024, providing 10 percent reservation for Marathas in education and government jobs.
  • In February 2024, the Maharashtra Assembly passed the Maharashtra State Reservation Bill, 2024 for socially and educationally backward classes. Through this, a provision of 10 percent reservation has been made for the Maratha community in government jobs and education under socially and educationally backward categories.

Key provisions of the Maratha Reservation Bill :

 

 

  • The Maharashtra State Reservation Bill, 2024 for socially and educationally backward classes in Maharashtra has been drafted based on the report of the Maharashtra State Backward Classes Commission.
  • This report has justified giving reservation to the people of Maratha community and has identified Maratha community as socially and educationally backward classes.
  • The Bill recognizes the Maratha community in Maharashtra as a socially and educationally backward class under Article 342A (3) of the Indian Constitution and thereby violates Articles 15(4), 15(5) and 16(4) of the Constitution. Provides for reservation for this category under.
  • Article 15(4) empowers the State to make special provisions for the advancement of any socially and educationally backward class of citizens or the Scheduled Castes and the Scheduled Tribes.
  • Article 15(5) enables the State to make provision for reservation of seats in admission to educational institutions for Backward Classes, Scheduled Castes and Scheduled Tribes, other than minority educational institutions.
  • According to Article 342A (3), every State or Union Territory may prepare and maintain a list of Socially and Educationally Backward Classes (SEBC). These lists may differ from the central list of the associated topic.
  • Article 16(4) empowers the State to make provisions for reservation of appointments or posts in favor of any backward class of citizens who are not adequately represented in the services under the State.
  • The principle of creamy layer is also implemented in this bill, through which Maratha reservation has been given to those Marathas who do not fall in the creamy layer category and thereby the marginalized people within this community have been included under it.
  • In the report of Maharashtra State Backward Classes Commission of IndiaSupreme Court (Indira Sahni Judgment (Year 1992)) The SC has justified reservation to the Maratha community above the prescribed 50% limit on the basis of “abnormal circumstances and exceptional circumstances”.
  • A total of 52% reservation has currently been provided in Maharashtra for various categories of people like SC, ST, OBC, liberated nomadic and semi-nomadic communities and others.
  • By providing 10 percent reservation for the Maratha community in Maharashtra, the total reservation limit in this state will now reach 62 percent.

Recommendations of various commissions/committees for providing reservation to Maratha community : 

 

Narayan Rane Committee:

  • The Narayan Rane-led committee had recommended 16% reservation for Maratha communities just before the general elections in Maharashtra in 2014, which was challenged in the Bombay High Court and the recommendation itself was stayed.

Gaikwad Commission :

  • Based on the findings of the Gaikwad Commission, the Maharashtra government enacted the Socially and Educationally Backward Class (SEBC) Act in the year 2018, in which 16% reservation was given.
  • The Bombay High Court reduced it to 12% in education and 13% in jobs.
  • The Supreme Court of India had completely abolished this category of reservation in May 2021 due to it exceeding the 50 percent quota limit and insufficient empirical data.
  • The Supreme Court of India had clearly stated in the case of Indira Sawhney Judgment, 1992 that the maximum limit of reservation in India can be only up to 50 percent, but sometimes in some special unusual and exceptional circumstances and in remote areas, To bring the population of the area into the mainstream, the fixed limit of reservation can be increased by more than 50 percent.

Maharashtra State Backward Classes Commission : 

  • In December 2023 The Maharashtra State Backward Classes Commission was set up to re-evaluate the Maratha reservation issue under the leadership of retired Justice Sunil B Shukre.
  • Maratha population in the state of Maharashtra is 28%, out of which 84 percent are not advanced at economic, educational and social level. Therefore, the Shukre Commission said in its recommendations that such a large backward community population in Maharashtra cannot be included in the Other Backward Classes (OBC).
  • This commission has attributed the plight of the Maratha community in the state of Maharashtra to their extreme poverty, decline in agricultural income and division of land ownership. This commission also mentioned in its recommendations that 94 percent of the farmers who committed suicide in the state of Maharashtra were from the Maratha community.
  • This commission cited inadequate representation of Maratha communities in public services as a responsible factor for the backwardness of the Maratha community.
  • Therefore, the Commission also presented recommendations to provide additional reservation for Maratha communities to increase Maratha representation in government jobs and in other developed areas of the state of Maharashtra.

Arguments in favor of Maratha Reservation Bill :

Socially and economically backwardness of Maratha communities :

  • Shukre Commission found the Maratha communities to be socially and economically backward.The Shukre Commission’s factual research highlights the socio-economic constraints faced by the Maratha community, supporting the need for reservations to lift them out of poverty and marginalization.
  • The high percentage of farmer suicides among Marathas highlights the gravity of their economic crisis and the urgent need for targeted intervention for the upliftment of the community.

The issue of representation of Maratha communities in government jobs and government :

  • Marathas have historically been excluded from mainstream opportunities due to their backwardness. Reservation in government jobs and education can increase their representation and participation in various fields, thereby contributing to inclusive development.

Arguments against Maratha reservation :

 

Judicial inquiry and legal complications in Maratha reservation :

  • Maratha Reservation Bill 2024 passed by Maharashtra Assembly nowIt will have to go through judicial investigation processes in which uncertainties still remain. Because of the lack of empirical evidence in the case of increasing the reservation limit by more than 50 percent or expanding the reservation limit further in the light of the previous judgment given by the Supreme Court of India in the context of reservation, the Maratha reservation passed by the Maharashtra Legislative Assembly Can be invalidated and canceled by the Supreme Court.
  • Even before the present-day Maratha Reservation Act was passed in the state of Maharashtra, attempts to provide reservation to Maratha communities had to face legal challenges overstepping the bounds of reservation given by the Supreme Court of India and ultimately Maratha reservation was canceled in the High Courts.

Kunbi caste certificate dispute for making OBC reservation certificate :

  • A draft notification proposing to recognize “Rishi Soyare ” (Maratha communities with Kunbi lineage) as Kunbis eligible for making OBC reservation certificates has been issued by Maharashtra Government. a new one in the statehad given rise to controversy.
  • Opposition parties in the state of Maharashtra have also started raising questions on the feasibility of the new reservation and the implementation of the reservation given to Maratha communities on top of the existing OBC reservation.

Reason for dissatisfaction prevalent in Maratha community :

  • The main reason for the dissatisfaction prevailing in the Maratha community, Some activists and leaders within the Maratha community have also expressed dissatisfaction over giving separate reservation on priority to the inclusion of Maratha community in the OBC category itself.

A practical and comprehensive approach is needed for a long-term solution :

  • The reservation system given to various caste groups, communities and classes in India may solve the immediate problems, but it cannot effectively solve the root causes of backwardness prevalent among the Marathas in the context of Maratha reservation. Sustainable and sustainable development of any caste, religion, class or communities in any country requires a holistic approach involving transformation of education, skill development and infrastructure., Therefore, even in the context of Maratha reservation, the rights of Maratha communities.  There is a need to identify the root causes of backwardness and find a permanent solution to it. So that through reservation, the deprived and weaker sections of the society can be included in the mainstream of development.

Conclusion / Path to solution :

 

 

  • The Supreme Court of India had ruled in the case of Indira Sawhney Judgment, 1992 that the prescribed limit of reservation cannot exceed 50 percent. Therefore, in order to legally justify providing more reservations than the reservation limit in the Maratha Reservation Bill 2024, the Maharashtra State Government will have to present a practical and empirical data in the High Court and the Supreme Court of India and the Maratha Reservation Bill 2024 will have to be legally justified. At the same time, the Maratha Reservation Bill 2024 will also have to face judicial scrutiny, so that the Maharashtra government can prove in the court that Maratha reservation is given in a fair manner and for good reasons.
  • The Government of Maharashtra should formulate an integrated policy which will ensure the social, economic and educational upliftment of the Maratha communities by linking reservation with targeted welfare programs, welfare schemes and skill development initiatives and infrastructure projects of the Government to ensure overall development of the Maratha communities. Backwardness can be removed.
  • The Government of Maharashtra should identify the root causes of backwardness of Maratha communities and give priority to sustainable development initiatives based on short-term considerations, with the aim of ensuring inclusive growth and social justice for all communities.
  • The State of Maharashtra aims to ensure equality for all its citizens and also to address the causes of historical injustice for the Maratha communities through affirmative action measures aimed at promoting social cohesion and mutual support for the Maratha communities. Inclusivity should be promoted, so that the reservation given to the Maratha community can ensure its objective of social, educational and economic prosperity.
  • The validity of any demand for change in public policy lies in the logic behind it, not in the strength of support it musters. This is the reason that even after various states support the popular demands of giving reservation to those social groups which were not previously considered backward, the decisions given by that state are either canceled by the Supreme Judiciary of India. Or the reservation decisions given by that state are reversed.
  • Many types of stratification exist in India due to significant inter-community differences based on education and income.
  • The uncertainties associated with meeting the demands of politically influential groups, classes or castes in India necessitate the delay of the decennial census as well as the need to conduct a comprehensive socio-economic census.
  • This type of census reveals the real causes of backwardness and discrimination at the social level prevalent in various states of India so that the principles of social justice can be ensured through positive action by the governments on the basis of data, only then can reservation be provided. So that the underlying objectives can be achieved and a positive and inclusive development can be ensured in Indian society.

 

Practice Questions for Preliminary Exam :

Q.1. Consider the following statements regarding Maharashtra State Reservation Bill, 2024.

  1. The Maharashtra State Reservation Bill, 2024 for socially and educationally backward classes in Maharashtra was drafted based on the report of the Maharashtra State Backward Classes Commission.
  2. The bill recognizes the Maratha community in Maharashtra as a socially and educationally backward class under Article 342A (3) of the Indian Constitution.
  3. Through this bill, a proposal to give 15 percent reservation to Maratha communities in government jobs and education has been passed.
  4. Article 15(4) empowers the State to make special provisions for the advancement of any socially and educationally backward class of citizens or the Scheduled Castes and the Scheduled Tribes.

Which of the above statement / statements is/are  correct? 

(A) Only1 and 4 

(B) Only 2, 3 and 4

(C) Only 2 and 3

(D) Only 1, 2 and 4 

Answer – (D)

 

 

Practice Questions for Main Exam :

Q.1. Highlighting the main provisions of the Maratha Reservation Bill 2024, discuss whether reservation in India is an attempt to bring the deprived and exploited communities into the mainstream or it violates the equality of opportunity of the citizens ? give a logical explanation.

 

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