News Analysis India

Tag: Maratha reservation

  • OBC quota won’t be affected by reservations for Marathas, assures Maharashtra CM Shinde

    Express News Service

    MUMBAI: Maharashtra Chief Minister Eknath Shinde held a meeting with the OBC community on Friday and assured them that their quota would not be affected while giving reservations to Maratha and other communities.  

    The meeting was chaired by CM Eknath Shinde and deputy CM Ajit Pawar. Deputy CM Devendra Fadnavis was also present at the meeting held at Sahyadri Guest House.  

    Shinde said they had appointed a retired judge to study whether people belonging to the Kunbi community in Marathwada can be given the OBC certificate on the basis of past records and genealogy.     

    “We are not here to decrease reservations of any communities presently being availed. We want to bring back reservations to the Maratha community that earlier got cancelled due to the Supreme Court order. We are also planning to undertake various schemes for the deprived communities. We will soon have separate meetings for welfare of smaller communities. There are various boards for welfare and development of various communities like BARTI, SARATI etc, which will be strengthened by giving them adequate funds,” Shinde added.

    ALSO READ | Govt committed to giving quota to Maratha community, decision must be foolproof: Maharashtra CM Shinde  

    He said that for OBC community students, the state government has decided to start 72 hostels and relax the cap of Rs 8 lakh income for them so that they can get the benefits in government college admissions. Fadnavis said that the state government has earmarked Rs 4000 crore for the welfare and development of OBC communities. He also said that the Centre has decided to give reservations to OBC students in medical admissions in higher studies.  

    “The OBC commission will be given the constitutional status so it will continue to work for the welfare of the backward community. We will not hurt any community’s reservations,” said Fadnavis.  

    In the meeting, it was reported that cabinet minister Chhagan Bhujbal complained that the OBC seats in government jobs are not filled completely and demanded the review of all posts. “The seats in open are filled more than the total vacancy while OBC seats are kept vacant for years,” Bhujbal said.

    MUMBAI: Maharashtra Chief Minister Eknath Shinde held a meeting with the OBC community on Friday and assured them that their quota would not be affected while giving reservations to Maratha and other communities.  

    The meeting was chaired by CM Eknath Shinde and deputy CM Ajit Pawar. Deputy CM Devendra Fadnavis was also present at the meeting held at Sahyadri Guest House.  

    Shinde said they had appointed a retired judge to study whether people belonging to the Kunbi community in Marathwada can be given the OBC certificate on the basis of past records and genealogy.     googletag.cmd.push(function() {googletag.display(‘div-gpt-ad-8052921-2’); });

    “We are not here to decrease reservations of any communities presently being availed. We want to bring back reservations to the Maratha community that earlier got cancelled due to the Supreme Court order. We are also planning to undertake various schemes for the deprived communities. We will soon have separate meetings for welfare of smaller communities. There are various boards for welfare and development of various communities like BARTI, SARATI etc, which will be strengthened by giving them adequate funds,” Shinde added.

    ALSO READ | Govt committed to giving quota to Maratha community, decision must be foolproof: Maharashtra CM Shinde  

    He said that for OBC community students, the state government has decided to start 72 hostels and relax the cap of Rs 8 lakh income for them so that they can get the benefits in government college admissions. Fadnavis said that the state government has earmarked Rs 4000 crore for the welfare and development of OBC communities. He also said that the Centre has decided to give reservations to OBC students in medical admissions in higher studies.  

    “The OBC commission will be given the constitutional status so it will continue to work for the welfare of the backward community. We will not hurt any community’s reservations,” said Fadnavis.  

    In the meeting, it was reported that cabinet minister Chhagan Bhujbal complained that the OBC seats in government jobs are not filled completely and demanded the review of all posts. “The seats in open are filled more than the total vacancy while OBC seats are kept vacant for years,” Bhujbal said.

  • Leaders invited for talks as protest demanding Maratha quota begins

    Express News Service
    MUMBAI: The Maratha quota issue is all set to heat up Maharashtra politics again as the community launched a state-wide agitation demanding reservation under the leadership of BJP’s Rajya Sabha MP Sambhajiraje Chhatrapati. 

    A silent sit-in protest was held at Chhatrapati Shahuji Maharaj memorial in Kolhapur on Wednesday that saw participation from MLAs and political leaders cutting across party lines. The state government, however, invited Sambhajiraje for a discussion with CM Uddhav Thackeray. Sambhajiraje, a direct descendant of warrior king Chhatrapati Shivaji Maharaj, welcomed the invite and said he and other leaders of the agitation may meet Thackeray in Mumbai on Friday.

    Among the participants in the dharna were Kolhapur guardian minister and Congress leader Satej Patil, Vanchit Bahujan Aghadi leader Prakash Ambedkar, state BJP chief Chandrakant Patil and Shiv Sena MP from Kolhapur district Dhairyashil Mane.

    The Supreme Court had earlier termed the Maratha quota announced by the state government as “unconstitutional”. However, Deputy CM Ajit Pawar said Sambhajiraje was advised to discuss the quota issue with Thackeray instead of launching the agitation. Earlier this month, Thackeray had met PM Narendra Modi to discuss the matter. 

    Meanwhile, Thackeray has ignored ally Congress’s demand by not implementing the reservation policy in promotions. This latest snub is likely to further strain the ties between the Congress and Shiv Sena. The CM cleared the promotions of 31 deputy secretaries without following the reservation policy. Out of 31 officers, 20 were from the general category.

    Maharashtra Congress chief Nana Patole and other senior party leaders had met the CM to press for their demand. “Our party president Sonia Gandhi had also earlier written to Thackeray reminding him about the coalition dharma and asked to respect the common minimum agenda. Not implementing reservation in promotion policy means we are neglecting the rights of the reserved class,” a Congress leader said. 

  • Maratha quota: Panel suggests Maharashtra government to file review plea against SC ruling

    By Express News Service
    MUMBAI: The panel constituted by the Maharashtra government to study the question of Maratha reservation on Friday recommended that the state government file a review petition against the May 5 ruling of the Supreme Court that cancelled the quota.

    The Maharashtra government had asked Dilip Bhosale, a retired Allahabad High Court judge on May 11, to study the Supreme Court’s May 5 judgment cancelling quota for the Maratha community. 

    The Bhosale committee was also asked to give suggestions and recommendations so that the state government can better pursue the case in the constitutional court. The committee submitted its 570 pages report to Maharashtra Chief Minister Uddhav Thackeray.

    According to sources in the government, the report is “very positive” and suggested various ways of fighting for the quota. “On the basis of this report, the Maharashtra government will present its argument in the constitutional court and ensure that the Maratha community gets the justice,” said government sources.

    Maharashtra PWD Minister Ashok Chavan, who heads a cabinet sub-committee on the Maratha quota, said the Justice Bhosale committee recommended filing a review petition in the Supreme Court on more than 40 legal points. 

    According to the panel, the SC did not consider the 103rd constitutional amendment for providing reservation to the Economically Weaker Section (EWS) and protect it from the 50 per cent cap on quota. Until the apex court decides the validity of EWS quota, it was not appropriate to use the 50 per cent ceiling rule (which requires that reservation must not exceed 50 per cent) to invalidate the Maratha quota.

  • Battle for Maratha reservation to be fought in Delhi: Shiv Sena mouthpiece

    By ANI
    MUMBAI: Shiv Sena mouthpiece Saamana, in its editorial on Monday said that the battle for the Maratha reservation will be fought in Delhi.

    The editorial said it becomes necessary to knock on the doors of Delhi on the issue of the Maratha reservation. “The collision will prove to be decisive. To destabilize the politics of Maharashtra, the opposition will use the issue of the Maratha reservation as a weapon, then they will have to stop it in time,” it stated.

    Saamana said that Rajya Sabha MP Chhatrapati Sambhaji Raje has taken an aggressive role in the context of the Maratha reservation. “He has warned to go on street agitation if there is no decision by June 6,” it said. Referring to the Supreme Court’s observation, the editorial said only the Central government has the right to make such law regarding the reservation.

    Quoting Sambhaji Raje in this context, Saamana said, “The government has three legal options. The state could file a review petition in the Supreme Court. If it is dismissed, file an amended petition. Even if it was failed, plead with the President as per Article 37 of the Constitution.”

    The publication emphasised the contribution of Maratha society in the formation of Maharashtra. It said Marathas are now lagging economically behind with poor crop harvesting due to nature’s degeneracy as well as lack of employment opportunities. Therefore, the Maharashtra Government enacted a law giving 18 percent reservation to the Maratha community, which is educationally and socially backward.

    “Therefore, the self-respect of the Marathas will have to be knocked at the door of Delhi. They will have to re-create the atmosphere of the battle of united Maharashtra in Delhi,” added Saamana.

    The Supreme Court on May 5, 2021 struck down the reservation in government jobs and educational institutions for the Maratha community brought in by the Maharashtra government in 2018, saying it exceeded the 50 per cent cap imposed earlier.

    A five-judge Constitution Bench comprising Justices Ashok Bhushan, L Nageswara Rao, S Abdul Nazeer, Hemant Gupta and Ravindra Bhat in its judgment said that that people from the Maratha community cannot be declared as educationally and socially backward community to bring them within the reserved category.

  • BJP MP Sambhaji Chhatrapati meets Sharad Pawar over Maratha quota issue

    By PTI
    MUMBAI: BJP MP Sambhaji Chhatrapati on Thursday met NCP chief Sharad Pawar to discuss the Maratha reservation issue and urged him to take an initiative in the matter.

    The Supreme Court recently struck down the Maharashtra law granting quota to the Maratha community in admissions and government jobs, by terming it as “unconstitutional”, and held that there were no exceptional circumstances to breach the 50 per cent reservation cap set by the 1992 Mandal verdict.

    Speaking to reporters outside Pawar’s residence here, the Rajya Sabha MP said, “I have informed Pawar about the unrest and pain in the Maratha community and urged him to take an initiative in the matter.”

    The BJP leader said he has asked the NCP chief to take Chief Minister Uddhav Thackeray, Leader of Opposition Devendra Fadnavis and other leaders on board and try to give justice to the community.

    “Pawar listened to the issue carefully and has responded positively,” he said.

    The BJP leader, who is a descendant of Maratha king Chhatrapati Shivaji Maharaj, has been visiting parts of the state to discuss with locals from the community regarding the future course of action.

    He on Wednesday said if the Uddhav government wants to give reservation under the EWS category, then it can do so by relaxing its conditions and need not go to the Centre for it.

    The BJP MP also said if the state government wishes to give reservation under the Economically Weaker Sections (EWS) category, then it has the right to relax its conditions.

    “The Maharashtra government need not to go to the Centre for the same. The state should act on it,” the Rajya Sabha member said, adding that he will make his stand further clear over the issue on May 28.

    The BJP leader also said if the government does not pay heed to the demands of Marathas, they may need to agitate.

    “But in this COVID-19 pandemic time, we can’t let people die by coming out on roads. If we are safe, we can fight for the reservation later,” he said.

    The Marathas had put forth their demands earlier and public representatives from the ruling as well as opposition parties in the state should take the responsibility to work for the community’s welfare, he added.

  • SC sparks debate by depriving states of power to identify backward classes

    By Express News Service
    NEW DELHI:  In striking down the Maharashtra law granting reservation to the Maratha community in education and government jobs in the state, the Supreme Court has sparked a new debate: If states don’t have the power to identify socially and educationally backward classes (SEBCs) on the ground then will the Centre be able to do justice?

    The court has ruled that, henceforth, there will only be a single list of socially and educationally backward classes with respect to each State and Union Territory notified by the President of India, and that States can only make recommendations for inclusion or exclusion, with any subsequent change to be made only by Parliament.

    A constitution bench on Wednesday had clarified that after the 102nd Constitutional amendment, state governments do not have the power to identify socially and educationally backward classes and has laid the groundwork for new SEBC list for all states and union territories (UTs) to be notified by the President.The 102nd amendment gives constitutional status to the National Commission for Backward Classes. Article 338B deals with the structure, duties and powers of the commission while 342A gives the President the power to notify a class as SEBC and the power of Parliament to alter the central SEBC list.

    The court in its verdict held that the President should expeditiously publish list of SEBCs for different states and UTs, under Article 342A, after consultation with the commission set up under Article 338B and only till the time this is done that the SEBC lists made by the states would continue to hold the field. 

    The three judges opined that Article 342A makes it clear that the President, after consultation with the Governor of a state or UT, may issue a public notification specifying socially and educationally backward classes.  “There will only be one list of socially and educationally backward classes, which may be issued by the President,” the bench ruled.

    But, it clarified that the power on the extent of reservations, the kind of benefits, the quantum of scholarships, the number of schools which are to be specially provided under Article 15(4) can all be achieved by the State through its legislative and executive powers.

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  • Supreme Court verdict on Maratha reservation today

    The Supreme Court is going to pronounce its verdict on Wednesday on petitions challenging the decision of the Bombay High Court related to Maratha reservation. The Bombay High Court upheld the Maratha community’s reservation in educational institutions and government jobs in Maharashtra. In fact, on 26 March, the Supreme Court had reserved its decision on the petitions challenging the Maratha reservation.

  • Supreme Court reserves order in pleas against Maratha reservation

    By ANI
    NEW DELHI: The Supreme Court on Friday reserved its judgement on petitions challenging the constitutional validity of a Maharashtra law that grants reservation to the Maratha community in education and jobs.

    A five-judge Constitution Bench comprising Justices Ashok Bhushan, L Nageswara Rao, S Abdul Nazeer, Hemant Gupta and Ravindra Bhat also reserved the judgement on the issue of whether the top court’s 1992 verdict for capping reservation at 50 per cent needs re-examination.

    The Bench, during the hearing, had also decided to hear all state governments in the matter after a question of whether the top court’s nine-judge bench Indra Sawhney judgement, the ceiling on reservation fixed by the Court, should be re-considered cropped up.

    The final hearings in the case had commenced on March 15.

    ALSO READ: Maratha quota granted by Maharashtra government constitutional, Centre tells SC

    The bench was hearing appeals challenging the Bombay High Court order that upheld reservations to Marathas in jobs and education under Maharashtra Socially and Educationally Backward Classes (SEBC) Act, 2018.

    The High Court, while upholding the Maratha quota, held that 16 per cent reservation is not justifiable and ruled that reservation should not exceed 12 per cent in employment and 13 per cent in education as recommended by the State Backward Commission.

    The Bombay High Court on June 27, 2019, had said the 50 per cent cap on total reservations imposed by the Supreme Court could be exceeded in exceptional circumstances.

    During the hearing, the Central government said that it is of the view that the SEBC Act, which extends reservations to the Maratha community in public education and employment, is constitutional.

    The Attorney General of India, KK Venugopal had earlier stated that States continue to have powers to identify socially and educationally backward classes in so far as it relates to reservations for State institutions.

    One of the appeals filed by J Laxman Rao Patil had earlier sought stay on the High Court order as the reservation today is 65 per cent in education and 62 per cent in jobs, exceeding 50 percent cap in total reservation.

    Another appeal filed by advocate Sanjeet Shukla, a representative of “Youth for Equality”, said the Socially and Educationally Backward Classes (SEBC) Act, 2018, enacted to grant reservation to the Maratha community people in jobs and education, breached the 50-per cent ceiling on reservation fixed by the top court in its judgment in the Indira Sahwney case. (ANI)

  • Maratha quota: SC to hear pleas from March 8 in hybrid manner

    By PTI
    NEW DELHI: The Supreme Court on Friday said it would hear from March 8 in a hybrid manner, a combination of physical and virtual hearings, the pleas pertaining to the 2018 Maharashtra law granting reservation to Marathas in education and jobs.

    A five-judge constitution bench headed by Justice Ashok Bhushan said if physical hearing would resume in the apex court then the parties can make arguments physically and if anyone wants to argue virtually, he can do that. “Be that as it may, the hearing in these matters will start from March 8, 2021 by physical or virtual mode,” the bench said in its order.

    The top court is presently hearing matters through video-conferencing since March last year amid the COVID-19 pandemic and it is likely to resume physical hearing in a hybrid manner soon.

    During the hearing, the bench, also comprising justices L Nageswara Rao, S Abdul Nazeer, Hemant Gupta and S Ravindra Bhat, said it would also hear arguments on the issue of whether the landmark verdict in the Indira Sahwney case, also known as the ‘Mandal verdict’, should be re-looked or not.

    The bench, which fixed the schedule for hearing the matter, said it would wrap up the hearing on March 18 itself. It said that petitioners would argue their case on March 8, 9 and 10 and the state government would thereafter get three days to argue.

    The top court said intervenors in the matter would get March 17 to argue their case while Attorney General KK Venugopal would argue on March 18. It noted the submissions of some of the lawyers appearing in the matter, that there is possibility of starting of physical hearing in the top court from March, 2021 in a limited manner. “We, thus, propose to start the hearing on March 8, 2021 and complete by March 18, 2021,” it said.

    It said that advocates for the parties should give advance soft copies of their compilations, judgements and written submissions. On January 20, the Maharashtra government had told the bench that a case of this nature should be heard once physical hearing commences.

    On December 9 last year, the apex court had said that issues pertaining to the 2018 Maharashtra law, granting reservation to Marathas in education and jobs, requires “urgent hearing” as the legislation has been stayed and the “fruits accrued” are not reaching to the people.

    The top court had also issued notice to the Attorney General seeking his assistance in the matter. The apex court on September 9 last year, while referring to a larger bench the batch of pleas challenging the validity of law, had stayed the implementation of the legislation but made it clear that status of those who have availed of the benefits would not be disturbed.

    The Socially and Educationally Backward Classes (SEBC) Act, 2018 was enacted to grant reservation to people of Maratha community in Maharashtra in jobs and admissions.

    The Bombay High Court, while upholding the law in June 2019, had held that 16 per cent reservation was not justifiable and said that quota should not exceed 12 per cent in employment and 13 per cent in admissions.

    According to the 102nd amendment to the Constitution, reservation can be granted only if a particular community is named in the list prepared by the President.

    On July 27 last year, the Maharashtra government had assured the top court that it would not proceed with the recruitment process to fill up the vacancies on the basis of 12 per cent Maratha reservation till September 15, except for departments, Public Health and Medical Education and Research.

    The high court, in its June 2019 order, had said that 50 per cent cap on total reservations imposed by the Supreme Court could be exceeded in exceptional circumstances. It had also accepted the Maharashtra government’s argument that the Maratha community was socially and educationally backward and it was duty-bound to take steps for its progress.

    The high court had said though the reservation was valid, its quantum — 16 per cent — was not justifiable and it should be reduced to 12 per cent and 13 per cent, as recommended by the State Backward Classes Commission.

    One of the plea filed in the apex court had claimed that the SEBC Act breached the 50 per cent ceiling on reservation fixed by the top court in its landmark judgment in the Indira Sahwney case. On November 30, 2018, the Maharashtra legislature had passed a bill granting 16 per cent reservation to Marathas.