Maharashtra Assembly unanimously passes Bill to provide 10% Reservation to Maratha Community

Posted 21 Feb 2024

Updated 21 Mar 2024

1 min read

Bill seeks to provide reservation to Maratha community in educational institutions and government jobs, based on a comprehensive survey report submitted by Maharashtra State Backward Class Commission.
Previously in 2021, Supreme Court struck down a similar Act that sought to provide reservation to Maratha Community in educational institutions and State public services, with following observations:
- No extraordinary circumstances were made out in granting separate reservation to Maratha Community by exceeding the 50% ceiling limit of reservation.
  - 9-judge Bench of the Supreme Court in Indira Sawhney Case (1992) set a ceiling of 50% on reservations under Article 16(4).
  - Article 16(4) enables the State to make provisions in favor of backward classes of citizens in public employment.
- Exceeding ceiling limit without there being any exceptional circumstances clearly violates Article 14 and 16.
- Changing 50% limit is to have a society which is not founded on equality but on caste rule.
- Court also held that criteria for reservation under Article 16(4) should not be proportionate representation but adequate representation.

Concerns related to the bill
- Boost to ‘Sons-of-the-soil’ movement promoting regionalism, rise of similar demands from other communities affecting social cohesion, etc.

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