06 March 2024 – The Hindu

Maratha Reservation Demand

• A measure that grants the Maratha group 10% reservation in government jobs and education was unanimously approved by the Maharashtra State Assembly. The bill was based on a recommendation from the Maharashtra State Backward Class Commission (MSBCC), which was chaired by retired judge Sunil B Shukre.
• Though this is the third bill of this kind in ten years, earlier attempts to give Marathas quotas have run afoul of the law. Whether the Maharashtra State Reservation for Socially and Educationally Backward Classes Bill, 2024 will stand up to legal scrutiny is now the most important question.

Which Are the Most Important Details About India’s Maratha Community?

• A major community in India, the Marathas are mainly concentrated in the state of Maharashtra and are known for their legacy as warriors and rulers. They were famed for their military skill and leadership during their time as warriors and kings in the area during the Maratha Empire, which Shivaji Maharaj founded in the 17th century.
• Social Structure: The Marathas entered a variety of fields over time, such as politics, trade, and agriculture. The upper class of Marathas, known by surnames like as Deshmukh, Bhonsle, More, Shirke, and Jadhav, are warriors known as Kshatriyas; the remaining members of the caste are primarily from the agrarian Kunbi sub-caste.
• Impact Outside of Maharashtra: Prominent Maratha dynasties that have established themselves outside of Maharashtra include the Gaekwad dynasty, which ruled the Baroda princely state, as well as the Scindias and Bhonsles of Thanjavur in Tamil Nadu.

Which Maratha Reservation Bill Points Stand Out?

• The Maratha group is granted a 10% reservation in recruitment for government positions and admission to both public and private educational institutions. The Bill recognises the Maratha community as a socially and educationally backward class.
• According to the Bill, the 10% reservation for the Maratha community will be in addition to the seats set aside for different communities by state legislation now in effect.
• Creamy layer: Only individuals who do not fit into the creamy layer bracket will be permitted to make reservations.
• The term “creamy layer” describes requirements, such as a family income threshold, above which an individual is not qualified to receive the reservation benefit.
• Carry forward of vacancies: A reserved seat may be carried forward for a maximum of five years if it becomes empty in any given year.
• Penalty: Any admissions or appointments made against the Act’s terms will be null and invalid.
• Process for issuing a caste and validity certificate: The Maratha community would be subject to the provisions of the current Acts pertaining to the issuance of caste certificates.

What is the Maratha Reservation Bill’s constitutional foundation?

• Article 342A (3) of the Indian Constitution designates the Maratha community as a Socially and Educationally Backward Class, as per the Bill. In accordance with Articles 15(4), 15(5), and 16(4) of the Constitution, it reserves space for this class.
• Every state or union territory is permitted to create and maintain a list of socially and educationally backward classes (SEBCs), according to Article 342A (3). The Central List may not match these lists.
• The state may provide specific arrangements for the progress of any SEBCs of people, as well as Scheduled Castes and Scheduled Tribes, under Article 15(4).
• With the exception of minority educational institutions, the state is permitted by Article 15(5) to reserve seats for members of the scheduled castes and tribes, as well as members of the backward classes, for admission to educational institutions.
• According to Article 16(4), the state may reserve appointments or positions for any underrepresented citizen class that it deems to be inadequately represented in state-run services.

What Justifications Exist for the Maratha Reservation?

• Several Maharashtra State Backward Classes Commissions (MSBCC) have recommended:
• Narayan Rane Committee: Prior to elections in 2014, a committee headed by Narayan Rane suggested a 16% quota for Marathas. The Bombay High Court eventually overruled this recommendation and suspended it.
• Gaikwad Commission: The Socially and Educationally Backward Class (SEBC) Act, which granted 16% reservation, was adopted by the Maharashtra government in 2018 based on the commission’s recommendations.
• Due to the violation of the 50% quota ceiling, the Bombay High Court subsequently reversed this, reducing it to 12% in education and 13% in employment.
• Maharashtra State Backward Class Commission: A report of the Maharashtra State Backward Class Commission served as the basis for the Maharashtra State Reservation for Socially and Educationally Backward Classes Bill 2024.
• This report supported the need for a reservation by characterising the Marathas as being socially and educationally backward.
• “Exceptional circumstances and extraordinary situations” were highlighted in the commission’s report to support reservations to the Maratha group above the Supreme Court’s 50% ceiling.
• Historical Marginalisation: Marathas contend that they have been marginalised in the workplace, in education, and in other areas, despite being a historically powerful and prominent community in Maharashtra. They think that the community will be lifted up and historical injustices will be addressed with reservation status.
• 86% of Maratha families worked in agriculture and farm labour, 50% of them lived in mud houses, only 35.39% had access to a personal tap water connection, 13.42% of Marathas were illiterate, only 35.31% had completed elementary school, and 43.79% had passed the HSC and SSC. These statistics were gathered by the Gaikwad Commission.
• Economic Disparities: A large number of Marathas, especially those living in rural regions, struggle financially and are unable to take advantage of opportunities for socioeconomic growth. Reservation is viewed as a way to improve their access to jobs and educational opportunities.
• The Shukre Commission cites divisions in land ownership, severe poverty, and a drop in agricultural revenue as causes of the Marathas’ low socioeconomic standing. It further mentions that the Maratha group accounted for 94% of the farmers in the state who committed suicide.
• Inadequate Representation in Public Services: The need for the Maratha reservation stems from worries about job and educational opportunities, especially in competitive tests where space is scarce.
• The Shukre Commission declares that the Marathas have remained “completely out of the mainstream” because of their backwardness and finds that there is insufficient community representation in all areas of public services.
• Social Mobility: The Reservation for Marathas is perceived as a way to support the community’s upward social mobility, giving those from underprivileged origins access to opportunities for general social growth.
• The Shukre commission observes that 28% of the state’s population is Maratha, and 84% of them are not progressed. It further states that a community this size cannot be placed under the OBC category.

What Rebuttals Exist for the Maratha Reservation?

Absence of Economic and Social Regression:

• Marathas have traditionally possessed large land holdings and political clout. Critics contend that because they are economically and socially regressive, they might not qualify for reservations.
• Marathas control around 55% of educational institutions and over 70% of cooperative bodies in addition to owning over 75% of the State’s land and 86 of its 105 sugar plants.
• Over 60% of all members of Maharashtra’s Legislative Assemblies have been Marathas since 1962, and the group has produced 11 of the 20 Chief Ministers. Marathas have dominated the political landscape.

A Comprehensive Inquiry is Required:

• The Commission completed the survey between January 23 and January 31, 2024, a period of nine days. Unfortunately, little is known about the sample design, the questionnaire that was utilised, or the data analysis process because the report has not been made public.
• Although Marathas are deemed to be socially and educationally backward by the bill, the information from the Shukre Commission’s report appears to focus more on the community’s economic backwardness. There is very little hard data regarding their lack of social and intellectual advancement.
• According to the commission’s findings in the report, 84% of Marathas are classified as non-creamy layer people, 21.22% of Maratha households are impoverished, and 94% of farmers who have committed suicide are Marathas. These are all three debatable assertions.

Legal Issues:

• Currently, 52% of the population in Maharashtra is reserved; this group includes a number of groups like OBC, Vimukt Jati, SC, ST, and nomadic tribes. The state’s total reserve percentage will now be 62% after the Marathas’ 10% reservation was added.
• There are legal issues when reservations are extended over the 50% threshold established by the Supreme Court.
• There are concerns about the new Bill’s ability to withstand judicial scrutiny given the history of prior Maratha reservation attempts that faced legal challenges and ultimately failed in higher courts, particularly in light of the Supreme Court’s previous decision to invalidate Maratha reservations for lacking sufficient empirical data to support quota extension beyond the 50% ceiling.

The Debate Around the Kunbi Certificate:

• There was debate over a draft notification that suggested recognising “sage soyare”—extended cousins of Marathas with Kunbi lineage—as Kunbi people eligible for OBC reservation.
• The new reservation’s feasibility and possible effects on already-existing OBC reservations have been questioned by opposition parties.

Motives from a political standpoint:

• The timing and political intentions underlying the campaign for the Maratha reservation have drawn criticism from some quarters.
• They contend that rather than sincere concerns for social fairness, the choice might have been influenced by electoral factors.

What Path Should We Take Next?

A Comprehensive Socioeconomic Census Is Needed:

• There is a case for a thorough socioeconomic census when it comes to meeting the demands of politically powerful groups like the Marathas, who have stratifications because of large intra-community differences in income and educational attainment.
• A census of this kind will reveal the true extent of prejudice and backwardness in each State. Based on the statistics, it may even provide new guidelines for affirmative action that uphold social justice ideals.
• Evidence-Based Legislation: Provide strong empirical evidence to support the reservation above and above the Supreme Court’s 50% quota ceiling in order to guarantee that the Maratha Reservation Bill is both legally sound and resilient to judicial examination.

Comprehensive Approach Is Needed:

• Reservation might take care of short-term issues, but it might not deal with Maratha’s underlying backwardness in a meaningful way.
• More jobs are generally regarded as being more important than extending reservation policies.
• To guarantee the comprehensive development of Marathas, the government should implement integrated policies that incorporate infrastructure projects, skill development efforts, and targeted welfare programmes with reservations.

Make sure there is fair competition without bias:

• Promoting equality requires, among other things, making sure that everyone is treated equally and without bias. This implies that no one should be subjected to benefits or disadvantages because of their history, including the position of their parents.
• It is essential to promote competition on an even playing field, where everyone has an equal chance to achieve according to their aptitudes, abilities, and efforts. This encourages excellence by inspiring people to give it their all.
• Judging Reservations based on Merit: When granting communities reservations, administrative effectiveness must also be taken into consideration. Excessive reservation will result in a lack of understanding of the merit, disrupting the administration as a whole.
• Reservations are primarily intended to remedy historical injustices committed against underprivileged populations, but they also have other benefits that should not be overlooked.
• In India, the reservation policy is an essential instrument for building a robust and diverse society, but its efficacy depends on its capacity to really improve the lives of the most disadvantaged members of the populace. However, the integrity of the policy may be compromised and inequality may be sustained if reservation advantages are abused or used for one’s own benefit.
• With a focus on the real welfare of the oppressed and complementary measures for socio-economic empowerment, India may make progress towards a future where everyone is treated equally and enjoys prosperity.