No quota for the Maratha

Policy

News Line is it Anyway?
2 min readMay 7, 2021
Image Source: barandbench.com

A five-judge Constitution Bench of the Supreme Court on Wednesday unanimously declared a Maharashtra law that provides reservation benefits to the Maratha community, taking the quota limit in the State over 50%, as unconstitutional.

The Bench led by Justice Ashok Bhushan found there were no exceptional circumstances or extraordinary situation in Maharashtra which required the Maharashtra government to break the 50% ceiling limit to bestow quota benefits on the Maratha community.

The state government had framed the law on November 30, 2018 granting a 16% quota for Marathas in government jobs and admission in educational institutions. While upholding the law, Bombay High Court on June 27 last year directed the government to bring it down to 12% for education and 13% for jobs.

SC said that appointments made under the Maratha quota following the Bombay HC judgment endorsing the State law would hold, but they would get no further benefits. Students already admitted under the Maratha quota law would continue.

Justice Bhat agreed that only the President could make changes to the Central List of socially and backward classes based on data given from various sources, including the National Commission for Backward Classes. The States could only make suggestions. The final exercise of including castes and communities was done by the President alone.

Terming the Supreme court quashing the Maratha reservation unfortunate, Maharashtra Chief Minister Uddhav Thackeray threw the ball in the court of Prime Minister Narendra Modi and President Ram Nath Kovind to take an urgent decision towards restoring the quota. In his address to the state on Wednesday night, Thackeray said that he would also write a letter to them on the same and appealed to the Maratha community to maintain peace.

This also brings us to the fundamental debate of reservation. Is an “all merit” model the north pole? Should we move towards removing reservations altogether soon?

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News Line is it Anyway?

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