Maratha Reservation In Maharashtra
Who are Maratha?
Marathas are a group of castes in Maharashtra, consisting of farmers, landlords and other classes of people. These people constitute more than 30 percent of the population of Maharashtra. Marathas are identified as warriors. Let us tell you that Marathas have a big influence on the politics of Maharashtra. Most of the Chief Ministers of Maharashtra have been Maratha.
Mathematics of reservation in Maharashtra
The total population in Maharashtra is approximately between 12 to 13 crores. In this population, 15 percent of Scheduled Caste people get the benefit of reservation. 7.5 percent of Scheduled Tribe people get the benefit of reservation. 27 percent people of Other Backward Classes get the benefit of reservation and another 2.5 percent people get the benefit of reservation in Maharashtra.
When was Maratha reservation cancelled?
Accepting the long-standing demand for reservation, the Maharashtra government gave 16 percent reservation to Marathas in 2018. After this, in June 2019, the Bombay High Court reduced the reservation to 12-13 percent. After this, in May 2021, the Supreme Court canceled the Maratha reservation and the review petition filed in the Supreme Court in this regard was rejected by the Supreme Court.
What did the Center say in the Supreme Court?
The Center had told the Supreme Court that Maharashtra has the legislative competence to grant reservation to Marathas and its decision is constitutional as the 102nd Amendment does not deprive a state of the power to declare a list of Socially and Educationally Backward Classes (SEBCs). The 102nd Constitutional Amendment Act brought in in the year 2018 includes Article 338B, which deals with the structure, responsibilities and powers of the National Commission for Backward Classes, and Article 342A, which empowers the President to declare a particular caste as socially and educationally backward. Changes in the list of powers and powers related to the Parliament were brought about.
SEBC law does not deprive states of their powers.
During the hearing on March 23, Solicitor General Tushar Mehta, appearing for the Centre, had said that in view of the SEBC Act 2018, it is constitutional for Maharashtra to give reservation to people of Maratha community in jobs and admissions in the state. Mehta had said, 'The Center is of the view that the Maharashtra SEBC Act is constitutional.' He had said that the Center accepts the representations of Attorney General KK Venugopal and it should be considered as the opinion of the Central Government. Earlier, the Attorney General had 18 In March, it had told the apex court that the 102nd Amendment of the Constitution does not deprive state legislatures from enacting laws to determine SEBC and provide benefits to them. Mehta had said that Article 342A brought through amendment does not deprive the states of the power to declare SEBC.
‘Reservation in exceptional circumstances’
A bench of five judges has given four different decisions, but all of them agreed that reservation cannot be given to the Maratha community. Reservation can be given only to backward classes. Marathas do not fall in this category. The Supreme Court said that both the Justice Gaikwad Commission and the High Court have talked about giving reservation in exceptional circumstances, but neither of them told what is the exceptional situation in Maratha reservation. The Constitution Bench had started the hearing in the case on March 15. The Bombay High Court, while upholding the law in June 2019, had said that 16 percent reservation is not justified and reservation in employment should not exceed 12 percent and in enrollment it should not exceed 13 percent. The High Court had upheld the decision of reservation for Marathas in educational institutions and government jobs in the state.
The Center has given this argument in an affidavit filed in the apex court in response to a petition.
The Supreme Court canceled the Maratha Reservation in Maharashtra and said that the maximum limit of reservation cannot exceed 50%. The court said that this violates the right to equality. The Supreme Court refused to send the 1992 Mandal decision setting the reservation limit at 50 percent to a larger bench. Also, the court rejected Maharashtra's law providing reservation to the Maratha community in government jobs and admissions, declaring it unconstitutional.
In its verdict on the petitions challenging the Bombay High Court decision, the Supreme Court said, 'We do not find any reason to reconsider the Indira Sawhney decision.' A bench headed by Justice Ashok Bhushan comprising Justices L Nageswara Rao, S Abdul Nazeer, A five-judge Constitution bench comprising Justice Hemant Gupta and S Justice Ravindra Bhat delivered the verdict on the case.
According to the Supreme Court, Maratha community is not educationally and socially backward, hence they cannot be given reservation. The court also said that the limit of reservation cannot exceed 50 percent. Maharashtra had crossed this Lakshman Rekha of reservation.
Why in discussion?
Recently, the Supreme Court (SC) has declared as unconstitutional the reservation law in Maharashtra, in which provisions were made to provide the benefits of reservation to the Maratha community.
Year 2017: Retired Justice N. Yes. The 11-member commission constituted under the chairmanship of Gaikwad recommended reservation for the Maratha community under Socially and Educationally Backward Class (SEBC).
Year 2018: A proposal for 16% reservation for the Maratha community was passed in the Maharashtra Assembly.
Year 2018: While upholding the reservation, the Bombay High Court said that the limit of reservation should not exceed 12% in education and 13% in jobs instead of 16%.
Year 2020: The Supreme Court stayed the implementation of this law and transferred the case to the Chief Justice of India for consideration by a larger bench.
Current rules:
Violation of fundamental rights:
The separate system of reservation for the Maratha community violates Article 14 (right to equality) and Article 21 (due process of law).
A situation that violates the 50% reservation limit will create a ‘caste ruled’ society.
Maratha reservation of 12% and 13% (in education and jobs) increased the total reservation limit to 64% and 65% respectively.
In the Indira Sawhney judgment in the year 1992, the Supreme Court had clearly stated that the 50% rule can be relaxed only in some exceptional circumstances to bring the population of remote areas into the mainstream.
Prohibition on implementation of law:
After the decision of the Bombay High Court upholding the law of Maharashtra, the status quo of appointments made under Maratha quota will remain, but no further benefit of reservation will be given in such appointments.
The State does not have the power to identify SEBCs: Socially and Educationally Backward Classes,
There shall be a single list of SEBCs notified by the President of India in respect of each State and Union Territory and the State may make recommendations relating to changes in this list only.
The bench unanimously upheld the constitutional validity of the 102nd Constitutional Amendment, but differed on the question of whether it affected the power to recognize SEBCs of states.
Prohibition on implementation of law:
After the decision of the Bombay High Court upholding the law of Maharashtra, the status quo of appointments made under Maratha quota will remain, but no further benefit of reservation will be given in such appointments.
The State does not have the power to identify SEBCs: Socially and Educationally Backward Classes,
There will be a single list of SEBCs notified by the President of India in respect of each State and Union Territory and the States can only make recommendations relating to changes in this list. The Bench unanimously upheld the constitutional validity of the 102nd Constitutional Amendment, but There was disagreement on the question whether this affected the power of states to recognize SEBCs.
102nd Amendment Act, 2018:
Under this Act, Articles 338B and 342A were added to the Constitution.
Article 338B deals with the establishment of a National Commission for Backward Classes.
Article 342A empowers the President to notify socially and educationally backward communities in the state. (If the list of backward classes is to be amended, it will require a law enacted by Parliament.)
key points:
Year 2017: The 11-member commission constituted under the Retired Justice N. G. chairmanship of Gaikwad recommended reservation for the Maratha community under Socially and Educationally Backward Class (SEBC).
Year 2018: A proposal for 16% reservation for the Maratha community was passed in the Maharashtra Assembly.
Year 2018: While upholding the reservation, the Bombay High Court said that the limit of reservation should not exceed 12% in education and 13% in jobs instead of 16%.
Year 2020: The Supreme Court stayed the implementation of this law and transferred the case to the Chief Justice of India for consideration by a larger bench.
Who is the leader of the latest movement?
The latest movement demanding Maratha reservation is going on under the leadership of Maratha Morcha convenor Manoj Jarange. Manoj Jarange has been active in the Maratha reservation movement since 2011. Manoj was initially associated with Congress, but later he separated from Congress and formed his own Shivba organization. Jarange has proposed to the government that the government should include Marathas in the Kunbi community, which comes under the OBC quota. Manoj Jarange Patil has been working on Maratha reservation for the last 13 years. He is a social worker. Jarange is a resident of Matori in Beed, but now lives in Ankushnagar, Jalna. It is said that he also sold his land for the Maratha movement.
When and why did the violence erupt?
On August 29, thousands of protesters had gathered in Antarwali Sarathi village of Jalna district demanding reservation in jobs and education for Marathas. Here Manoj Jarange, the convenor of Maratha Morcha and leading the movement, was sitting on a hunger strike. When Jarange's condition started deteriorating, the police forced him to end his hunger strike and be admitted to the hospital. The agitators became angry about this and started protesting. The situation became so bad that the police had to resort to lathicharge and tear gas to disperse the crowd. Later the protesters pelted stones at the police and pushed the vehicles forward. After this incident in Jalna, people of Maratha community sat on strike in many cities of Maharashtra including Solapur, Aurangabad and Nagpur.
Reasons for violence in Jalna
In fact, violence was seen in Jalna during the ongoing agitation for Maratha reservation in Maharashtra. Here people of Maratha organization were protesting demanding Maratha reservation. Meanwhile, the police tried to detain the protesters. Meanwhile, tension increased between the police and the protesters and the police released tear gas shells and resorted to lathicharge. The protesters are being accused of pelting stones at the police and the villagers say that the police had fired in the air during this period.
Hundreds of agitators have gathered at Kranti Chowk in Sambhajinagar, who are protesting and raising slogans against the BJP and Eknath Shinde government. Let us tell you that after the Jalna violence, 6 FIRs have been registered in the reservation case and 40 people have been arrested. Let us tell you that the police have implemented Section 37 (3) in Jalna and Sambhajinagar. Under this, action will be taken if 5 people gather together without any reason. Let us tell you that the Maratha organization which has called for the bandh in Sambhajinagar demands that those who lathicharged should be suspended, Devendra Fadnavis should resign, and reservation should be given to the Maratha community.
Talking about the opposition parties, Nationalist Congress Party (NCP) President Sharad Pawar, Shiv Sena-UBT President Uddhav Thackeray, Congress's Ashok Chavan, Leader of Opposition in the Council Ambadas Danve, Maharashtra Navnirman Sena (MNS) President Raj Thackeray, Vanchit Bahujan Aghadi president PrakashAmbedkar,Chhatrapati'sdescendants Chhatrapati Sambhajiraje Bhosale and Chhatrapati Udayanraje Bhosale and others have been reaching there to express solidarity with the protesters.
This movement is not over yet, more is still to be written........
Maratha Reservation In Maharashtra
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