Maharashtra eliminates a 16% reservation for Marathas, all you need to know

The Maharashtra Assembly unanimously pbaded a law giving 16% of employment and educational provision to the Maratha community, which represents 30 % Population. The law is the latest case of a politically dominant community in a state enjoying the benefits of a quota.

WHAT IT MEANS

The Maratha community will now have a 16% reserve, both for jobs and for education in the state, which exceeds the 50% limit set by the Supreme Court on the reserve. Since Maharashtra already has 52% of the quota, Maratha's quota will increase the reserve to 68%.

WHY NOW

As the protest for the quota gained ground earlier this year, Chief Minister Devendra Fadnavis had set a "late 2019" deadline for the state government to promulgate the law on reservations. But the fact that the draft quota law, which could face legal challenges, was adopted long before the scheduled date shows the political influence of the community before the national elections of the beginning of the year. ;next year. All state parties supported the "State Reserve of Maharashtra" (Socially and Pedagogically Backward Clbades Act (ESCB) Act, 2018 Act, on the seats reserved for educational institutions and in public services and government posts). decision to float a political party by a faction of Sakal Maratha Samaj, an umbrella organization grouping groups Maratha who, claiming reservations, seems to have put pressure on traditional political parties.

The efforts of the past and its resonance at this time

to make reservations to the community of Maratha had been made in the past, but they had encountered legal obstacles. The previous PCN Congress had announced bookings for the Martha community in 2014, but these had been canceled by the Bombay High Court. Although the case was challenged in the Supreme Court, the case was referred to the High Court. The state government was asked to prove the backwardness of the community, a standard for granting a reserve to a community.

Legislative efforts to make reservations for the Maratha community had already been made.

The Maharashtra State Regression Clbad Commission (MSBCC) declared Maratha socially and economically back and recommended to the "State of the Government must make the appropriate decision for that the Marathas have reservations in accordance with the constitutional provisions. "Maratha's request for a reservation was supported by all the political parties represented in the Assembly.

OTHER LEGAL ISSUES AND QUESTIONS

Politically-dominant communities seeking reservations It has been some time since we opened a new debate in the country. The demand for such groups – be it the Jats in Haryana or the Patidars in Gujarat goes against the constitution restrictions on quotas, but political parties often have trouble going against the demand of a dominant community. In addition, bookings of more than 50% were found to be discriminatory. The only exception to this rule concerns the state of Tamil Nadu, in the south of the country, with a reservation policy of 69%.

This policy is based on an Act of Parliament, the Constitution Act, 1994 (seventy-sixth amendment), after defeats of the Supreme Court and the Supreme Court. Reserve court of over 50 per cent for admission to educational institutions, the Assembly of Tamil Nadu, meeting in extraordinary session on 9 November 1993, unanimously adopted a resolution urging the Government of the Union to take steps to amend the Constitution. The Tamil Nadu Act has also been included in the Ninth Schedule, which gives it protection from judicial questioning. But things are not easy. In 2007, the Supreme Court ordered the court to closely examine the new listing of the ninth list.