The Hindu Editorial Analysis- 29th February 2024 | Current Affairs & Hindu Analysis: Daily, Weekly & Monthly - UPSC PDF Download

Strength vs Reason

The Maharashtra Assembly recently passed the Maharashtra State Reservation for Socially and Educationally Backward Classes Bill 2024, setting aside 10% reservation for jobs and education under socially and educationally backward categories.

Highlights of the Maratha Reservation Bill

• The Maharashtra State Reservation for Socially and Educationally Backward Classes Bill 2024, drafted based on a Maharashtra State Backward Class Commission report.
• The Bill specifies the Maratha community as a Socially and Educationally Backward Class under Article 342A (3) of the Indian Constitution.
• It provides reservation for this class under Articles 15(4), 15(5), and 16(4) of the Constitution.
• The Bill ensures that the principle of creamy layer is applicable, restricting reservation to those Marathas who are not in the creamy layer category.
• The commission's report highlighted "exceptional circumstances and extraordinary situations" justifying reservations to the Maratha community above the 50% ceiling set by the 1992 law.
• Maharashtra currently has a reservation of 52%, including various categories such as SC, ST, OBC, Vimukt Jati, Nomadic Tribes, and others. With the addition of 10% reservation for the Marathas, the total reservation in the state will now reach 62%.

Background of the Maratha Reservation

• Narayan Rane Committee recommended 16% reservation for Marathas in 2014.
• Gaikwad Commission's findings led to 16% reservation, later reduced to 12% in education and 13% in jobs.
• Supreme Court struck down the quota entirely in May 2021.
• Maharashtra State Backward Class Commission, led by Justice (retd) Sunil B Shukre, was established in December 2023 to reassess the Maratha reservation issue.

Arguments in Favour and Against the Maratha Reservation Bill

• Arguments in Favour:
  • Socio-Economic Backwardness: Justified by empirical data showing economic challenges faced by Marathas.
  • Representation: Reservation can enhance their participation in various sectors.
• Arguments Against Maratha Reservation:
  • Legal Viability: Doubts remain due to previous legal challenges and rulings.
  • Kunbi Certificate Controversy: Raised concerns about the impact on existing OBC reservations.
  • Dissent within the Maratha Community: Some prefer inclusion within the OBC category.
  • Need for Comprehensive Approach: Reservation may not address root causes effectively.

Way Forward

• Ensure legal soundness of the Bill and provide robust data to justify reservation beyond the 50% quota ceiling.
• Adopt integrated policies combining reservation with welfare programs and skill development initiatives for holistic development.
• Prioritize sustainable development initiatives addressing the root causes of backwardness.
• Promote social cohesion and inclusivity through affirmative action measures.