Within a week after the Supreme Court declared the Maratha reservations as “unconstitutional”, the Maharashtra Government has urged President Ram Nath Kovind and Prime Minister Narendra Modi to declare the Maratha community in the State as “Socially and Educationally Backward Classes” (SEBC), enabling it enjoy reservations in education and public employment to an extent of 12 per cent and 13 per cent respectively.
In identical letters written to President Kovind and Prime Minister Modi, on Monday, Maharashtra Chief Minister Uddhav Thackeray stated that though the State Government was of the opinion that despite 102nd Constitutional amendment, it continued to enjoy power, authority and jurisdiction to identify Maratha community as the SEBC.
“However, at this stage, such understanding pales into insignificance, in view of the authoritative pronouncement made by the Hon. Supreme Court,” he said.
“As a consequence of the majority view of Hon’ ble Supreme Court, it is the President i.e the Union Government alone, which can identify and notify the Maratha community of state as SEBC, enabling it to enjoy reservations in education and public employment,” Uddhav stated.
“This is therefore, to earnestly request you that appropriate steps be taken, albeit in accordance in law, declared by the Hon’ ble Supreme Court, to identify and declare Maratha community of my State as SEBC to enable them to claim the reservation in Education and Public Employment, at least 12 per cent and 13 per cent respectively,” the Chief Minister said, adding that the State Government would endeavour to the Centre’s hands in undertaking such an exercise.
On May 5, a five-judge Constitution Bench of the Supreme Court - headed by Justice Ashok Bhushan – had declared the Maratha reservations as “unconstitutional” on the ground that there was 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 apex court also struck down the findings of the Justice N.G. Gaikwad Commission which led to the enactment of Maratha quota law and set aside the Bombay High Court judgment which validated the Maharashtra State Reservation for Socially and Educationally Backward Classes (SEBC) Act of 2018.
The Supreme Court also held the Bombay High Court’s June 27, 2019 order directing the Maharashtra government to bring down the quantum of the approved reservations recommended by the Gaikwad Commission from 16 per cent to 12 per cent in educational institutions and 13 per cent in Government jobs. The apex court also held that a separate reservation for the Maratha community violates Articles 14 (right to equality) and 21 (due process of law).
It may be recalled that on November 14, 2014, the Bombay High Court had stayed an ordinance promulgated by the previous Congress-led DF Government ahead of the October 2014 State Assembly polls extending 16 per cent reservations to Marathas and five per cent to Muslims, saying that they were not in conformity with the law laid down by the Supreme Court in three cases. However, a HC bench, headed by the then Chief Justice Mohit Shah, had subsequently allowed reservations to Muslims in educational institutions, on the ground at that their educational achievements were "abysmally low" and that there was a need to draw them into the "mainstream of secular education".
On its part, the BJP-led saffron alliance government – which came to power after the October 2014 Assembly polls --subsequently moved the apex court challenging the stay granted by the high court on an ordinance promulgated by the previous Congress-led DF government.
However, the Supreme Court rejected the State Government’s petition. The matter came back to the high court after advocate Vikas Patil filed an intervention petition in the Supreme Court on the issue.. The apex court directed the high court to hear the bunch of petitions pending before it.
Following a massive agitation demanding Maratha reservations launched by Maratha Kranti Sena (MKS) which 0rganised 58 mammoth silent morchas across the state in 2017 and 2018, both the Houses of the Maharashtra Legislature had on November 29, 2018 passed a bill according reservations 16 per cent reservations in education and government jobs to the Maratha community in the state, thus paving way for enactment of a law.