Maratha Reservation: A Closer Look at India's Quota System and the Supreme Court's Stance : Daily News Analysis

Date : 07/11/2023

Relevance: GS paper2- Social Justice - Reservation Policy

Keywords:Article 14, Article 16, EWS, Indira Sawhney judgment, Social Upliftment

Context-

Maratha Quota Protests Intensify in Maharashtra; State Government Forms Panel of Judges for Legal Battle in Supreme Court

Understanding Reservations in India

  • Reservation in India is all about reserving access to seats in government jobs, educational institutions, and even legislatures to certain sections of the population.
  • The original Constitution of India initially provided for reservations solely in legislatures, and that too for a limited period of 10 years, as stipulated in Article 334. Subsequent constitutional amendments extended the duration of reservations for legislative representation.

The Basis for Reservation in India

  • Combatting Social Oppression and Discrimination: Reservation serves as a strategy to address historical social oppression and discrimination against specific groups that have endured repression in the past.
  • Affirmative Action for Upliftment: Reservation, also referred to as affirmative action, facilitates the upliftment of underprivileged sections of society.
  • Rectifying Historical Injustices: It aims to rectify the historical injustices faced by India's lower castes and seeks to level the playing field for the underprivileged who may not have had access to wealth and resources for generations.
  • Promoting Meritocracy and Equality: In order to establish a meritocracy based on equality, it is imperative to ensure that all individuals are brought to a common level before evaluating them on merit, thereby ensuring a fair and unbiased assessment.

Who Are the Marathas?

  • The Marathas represent a diverse group of castes, including peasants and landowners, accounting for approximately 33 percent of the population in the state of Maharashtra.
  • It's worth noting that while many Marathas are Marathi speakers, not all Marathi-speaking individuals are part of the Maratha community. This politically influential community constitutes nearly a third of the state's population.
  • Historically, they have been recognized as a 'warrior' caste with substantial landholdings. Since the establishment of the Maharashtra state in 1960, 12 out of its 20 chief ministers, including the current Chief Minister, have hailed from the Maratha community.
  • Despite facing challenges related to land distribution and agrarian issues over the years, the middle-class and lower-middle-class Marathas have seen a decline in prosperity, yet they continue to play a vital role in the rural economy.

Demand for Maratha Reservation

  • Origins of the Reservation Demand:

    • The Maratha community has long been advocating for reservations in government jobs and educational institutions, marking the inception of their demand 32 years ago.

    Since 1981, the issue of the Maratha reservation has been deeply entwined with the state's political landscape and has been a catalyst for mass protests.

  • Reservations through Ordinance:

    • In 2014, the state government at that time introduced an ordinance granting 16% reservation to the Maratha community in government employment and educational opportunities.

    This move was based on the recommendations of the Narayan Rane Committee.

  • Role of the Maharashtra State Backward Class Commission (MSBCC):

    • Under the leadership of M G Gaikwad, the Maharashtra State Backward Class Commission (MSBCC), comprised of 11 members, conducted a comprehensive survey, encompassing nearly 45,000 families from two villages in each of the 355 talukas with over 50% Maratha population.

    The results of this survey, submitted on November 15, 2018, affirmed that the Maratha community faced social, economic, and educational disadvantages.

  • Enactment of the Socially and Educationally Backward Class (SEBC) Act:

    • Building upon the findings of the Maharashtra State Backward Class Commission (MSBCC) in 2018, the government approved the provision of reservations for Marathas under a unique category known as the Socially and Educationally Backward Class (SEBC) Act.

Supreme Court's Stance on Maratha Reservation

  • Rejection of Reservation: The Supreme Court determined that there were no "exceptional circumstances" or an "extraordinary situation" in Maharashtra that warranted surpassing the 50% cap on reservations.
  • Nullification of Gaikwad Commission Findings: The Court invalidated the conclusions of the Gaikwad Commission (Maharashtra State Backward Class Commission), which led to the creation of the Maratha quota law. Additionally, it overturned the Bombay High Court's validation of the Socially and Educationally Backward Class (SEBC) Act.
  • Violation of Article 14: The Supreme Court held that establishing a distinct reservation for the Maratha community contravenes the principles enshrined in Articles 14 (Right to Equality) and Article 21 (Due Process of Law).
  • Maintaining the 50% Cap: The Supreme Court declined to reconsider its 1992 Indira Sawhney judgment, which established the reservation limit at 50%.

Indira Sawhney Judgment (Mandal Commission Case)

In the case of Indira Sawhney, often referred to as the Mandal Commission case, the Supreme Court established the following key points:

  1. The Court ruled that the identification of "Backward Classes of the Citizens" as mentioned in Article 16(4) could be based on caste considerations, not solely on economic criteria.
  2. It upheld the Mandal Commission's recommendation of a 27 percent quota for backward classes and affirmed the principle that the combined beneficiaries of scheduled castes, scheduled tribes, and backward classes should not exceed 50 percent of India's population.
  3. The judgment specified that reservations for backward classes should be limited to initial appointments and should not extend to promotions.
  4. State governments were instructed to identify the "creamy layer" within the backward classes and exclude them from the scope of reservation.

Supreme Court's EWS Verdict and the Current Maratha Reservation Situation

  • In November 2022, the Supreme Court upheld the 10 percent quota for the Economically Weaker Sections (EWS). The court emphasized that the 50% ceiling limit, although linked to constitutional requirements, was not "inflexible nor inviolable for all times to come."
  • In light of the ongoing Maratha reservation issue, the state government has suggested that economically disadvantaged members of the Maratha community can avail of the EWS quota. Furthermore, the government has proposed the establishment of a dedicated panel to conduct an in-depth assessment of the community's "backwardness."

Conclusion:

Reservation, a tool of positive discrimination, empowers marginalized and economically challenged sections of society. However, if these policies negatively impact social harmony by favoring some at the expense of others for political gain, reconsideration and gradual phasing out may be necessary. Communities excluded from reservations may develop resentment against those included, deepening divisions. If a significant portion aspires to backwardness over progress, overall growth is hindered. Rather than lowering entry barriers, we should promote meritocracy through financial aid. Achieving a balance between justice for the backward, equity for the forward, and system efficiency demands strong political will and prudent policymaking, vital for the nation's sustainable progress.

Probable Questions for UPSC mains Exam-

  1. How has the historical context and evolution of reservation policies in India shaped the recent Supreme Court verdict on the Maratha reservation? Discuss the key factors and implications. (10 Marks,150 words)
  2. In light of the Supreme Court's stance on reservation, what are the broader implications for India's affirmative action and quota system? Analyze the challenges and potential reforms in ensuring social justice and equality. (15 Marks,250 words)

Source- The Indian Express