Maharashtra's Maratha Reservation Proposal

Why in news?

Maharashtra Cabinet recently ratified a decision to grant reservation to the Maratha community under a newly created, independent category.

Who are the Marathas?

Marathas are a Marathi-speaking, politically dominant community in Maharashtra.
Since the formation of Maharashtra state in 1960, 11 of its 18 chief ministers have been from the Maratha community.
They make up about one-third of the population of the state.
Historically, they have been identified as a warrior class with large land-holdings.
Division of land and agrarian problems have led to a decline of prosperity among middle-class and lower-middle-class Marathas.
Nevertheless, the community still plays an important role in the rural economy.

What is the rationale for the recent decision?

Maharashtra State Backward Class Commission (MSBCC) submitted a report on the Maratha community.
It highlighted that the community was socially, economically and educationally backward.
It found that nearly -

Compared to other communities, the study found educational backwardness amongst the Maratha community after standards X and XII.

Is the decision justified?

The SBCC’s reported findings of Marathas backwardness do not go well with the available data.
As with Jats in Rajasthan and Patels in Gujarat, Marathas do enjoy a socio-economic status closer to that of the forward classes/castes in Maharashtra.
Besides, there is no reason to argue that Marathas face any social stigma that calls for affirmative action.
So the reservation demand is less an acknowledgement of social backwardness from a politically powerful community.
The relative inability to move up the economic ladder drives the sections of these dominant communities demand for reservation.
The lack of adequate employment opportunities amid a sluggish agrarian economy is a case.
So it is more a call for the accrual of welfare benefits to the less well-off sections among the community.

What is the quantum of reservation being planned?

Maratha community leaders have demanded 16% reservation but the government has however not taken a decision on that.
A Cabinet subcommittee constituted to implement the quota will fix the quantum.
At present, the total reservation in the state is 52%, of which the larger quotas are for SC (13%), ST (7%) and OBC (19%).
The rest being for Special Backward Class, Vimukti Jati, Nomadic Tribe (B), Nomadic Tribe (C) (Dhangar) and Nomadic Tribe (D) (Vanjari).
The quotas given to the Nomadic Tribes and Special Backward Class, in fact, have been carved out of the total OBC quota.

What are the challenges?

Category - The Maratha Kranti Morcha, which led the reservation agitation, had initially demanded a quota under the OBC category.
OBC groups had been expressing fears that the new quota would include Marathas within the existing OBC share.
OBC groups have thus been threatening an agitation as Nomadic Tribes and Special Backward Class also have their quotas within the OBC share.
Shares - Meanwhile, the OBCs want their 19% share raised to 27%.
The Dhangar (Shepherd) community demands that they be moved from the OBC to the ST category.
Also, Muslims have intensified their demand for a 5% quota in the wake of the Maratha reservation decision.
Total reservation - The Supreme Court had set the 50% cap in 1992 (Indra Sawhney vs Union of India) for reservation in states.
Maharashtra’s reservation is already beyond the Supreme Court cap of 50%.
Given this, if the demand for 16% is met, the total would become 68%, almost matching the 69% in Tamil Nadu.

What is the government's clarification?

The government has said the Maratha quota will not affect the existing reserved sections.
It's because the plan is to introduce a new, independent quota, called Socially and Educationally Backward Class.
Also, the state argues there is no such provision for a ceiling on quota in the Constitution.
On the other hand, the Constitution provides for quota under extraordinary and exceptional cases.
This applies when a community’s backwardness is documentarily established.

Notably, the Maharashtra government substantiated the quota based on findings of the MSBCC.
So it will conform to Constitutional norms.
But legally speaking, Tamil Nadu's 69% reservation matter is pending before the Supreme Court.

Therefore, a final verdict on whether the state government can exceed 50% reservation remains a question.
Given all these, beyond reservation, the State should certainly address the prolonged agrarian distress and lack of adequate jobs.

Source: Indian Express, The Hindu