In
the academic year 2018-19, overall reservation percentage in Maharashtra was
50%, as in many other states. But it is instructive to understand the background
for reservations in Maharashtra. Reservation for the Other Backward Castes was
prevalent in Maharashtra much before the implementation of the Mandal
Commission recommendations.
The
Constitution was amended to provide reservation to the Scheduled Castes/Tribes,
so those reservations came to be dubbed Constitutional Reservations. There was and
is no provision for reservation for the Socially and Educationally Backward
Classes in the Constitution. But according to Article 340, the President was
empowered to appoint a Commission for the advancement of this category. In
1979, when Morarji Desai was the Prime Minister, B. P. Mandal, a Member of
Parliament was appointed as head of a Commission to look into the provisions
for the backward castes as contemplated under the said Article 340. It was
meant to report whether the SEBC category should be extended benefit of
reservation in the basis of comparative study about its backwardness. The
report of this Commission formed the basis of the Central Government
implementing reservation to the tune of 27% for the Socially and Educationally
Backward Classes; known by the term Other Backward Classes (OBCs).
In
1980, the Mandal Commission came to a conclusion that the population of the said
category is 52%, and accordingly, 27% reservation should be extended to OBCs.
In 1990, with V. P. Singh as the Prime Minster, it was decided to implement the
recommendations of the Mandal Commission. Like all decisions regarding
reservations, this too was a political decision. It was opposed from many
corners.
The implementation of the recommendations was
challenged in the Supreme Court. In the matter, known as th Indra Sawhney or the
Mandal Commission case, a Nine Judge Constitutional Bench of the Supreme Court
decided the matter and laid down that category other than Scheduled Castes and
Scheduled Tribes can be provided reservation. It was also decided that the
creamy layer should be excluded from the benefits of reservation. The cap of
reservation at 50% was also an outcome of the said historic Judgment, though
the judges opined that reservation beyond that cap could in exceptional
circumstances. However, the exceptional circumstances would have to be proved
by quantifiable data, and the validity of such reservation should be open to
scrutiny of Courts. This decision
prompted almost all states to increase their reservation quota to 50%. The said
cap became sacrosanct by this twisted interpretation of the letter and spirit
of the order, and reservation of 50% came to be accepted as the law.
In
Maharashtra too, 50% in education was made applicable. However, as in no other
state, Maharashtra has further sub-categorized the OBCs. This was obviously
done by the powerful leaders of various communities at the Central and State
level for the benefits of respective castes. The said sub-categorization has
also been accepted by the public at large. The accompanying table provides
details of this sub-categorization in tabular form.
But
the reservation in Maharashtra did not rest at that. In 2001, by enacting an
act for providing reservation to the extent of 52%, the state has breached the
cap set in Indra Sawhney’s case.
Maharashtra
was abuzz with talk of reservation after the Marathas were extended the benefit.
But the discussion about the issue was loaded and politically motivated. For
the sake of reportage, the discussion was limited to how beneficial the Maratha
reservation was. The agitators for Maratha reservation were aggressive, but opportunistic
political parties and immoral and talking heads, their minds corrupted by their
hankering for fame and relevance threw the proverbial fuel in the burning
sentiments. The daily dose of debate on television channels, the self-important
spouting of opinions of experts in their own words by sundry anchors, the
treatment of the literally life and death matter of Maratha reservation as a
college debate topic, and discussions styled on the model of elocution
competitions on college campus; the copious coverage of the topic of reservation
did not raise the level of awareness of the public at large. On the contrary, the
resolution of the already aggressive agitators hardened into a stance where
there was open talk of mayhem.
There
was simmering discontent about the Maratha reservation for various reasons, the
foremost being that it was felt that Marathas were by no means a backward community.
This feeling was of course backed by the reports of various Committees and
Commissions which had denied backward class status to Marathas. The implicit
political backing for reservation was also evident in the alacrity with which
all political parties clamoured to voice their support therefor. In the midst
of all this din, nothing was done to raise the awareness expected by the open
or unreserved category. The opportunity of mature debate and reflection was sadly
lost.
Most
of the general population are unaware of even the basics of reservation. It is
with a view to throw light on the prevalent system of caste-wise reservation in
Maharashtra that this is penned. It is necessary here to understand certain
concepts. Scheduled Castes/Tribes means those castes, tribes or classes which
are included in respective schedules. These lists vary from state to state. For
instance, a caste included in Scheduled Castes in Maharashtra may well find
itself in open category in Andhra Pradesh, or a caste included in the Scheduled
Castes in Madhya Pradesh may be classified as open category in Maharashtra. Other
Backward Castes is altogether a different proposition altogether. There is a
Central List of the OBCs, and different state lists. In Maharashtra, they are
sub-categorized.
The
Constitution does not define Scheduled Castes/Tribes, but the Articles 341 and
342 provide for their welfare. Respective castes, tribes and classes which the President
may specify in consultation with the Governors of various states will be
treated as SC/ST respectively.
Scheduled
Castes means those castes which were known cumulatively as Dalits. People from these castes stayed within the
society, but were not part of the society because of the prevalent social
arrangement. The Scheduled Tribes are those who are known as the Adivasis. People from this category did not reside in
towns or settlements and were deprived of social contact because of their residence
in forests, away from society. Forest produce was their main source of
livelihood.
Apart
from these, a category came to be known as the Denotified Tribes after Independence.
These were the castes notified as
criminals by the British, and it was the practice that the names of all
belonging to these tribes were on record of the government. The criminal
element to these tribes was removed in Independent India. These were given
status on par with Nomadic Tribes and a National Commission was established for
their benefit.
In
Maharashtra, the OBCs are subcategorized as under: OBC- 19%, Vimukta Jati (VJ)-2%, NT-B-2.5%, NT-C- 3.5%, NT-D-2% to make a total of 27%. In Maharashtra, 7
castes were further categorized as the Special Backward Class and were provided
2% reservation over and beyond the cumulative 27% for the OBCs. It is specially
important to note that the this particular reservation breached the cap of 50%
set In Indra Sawhney’s case.
The
percentage of open category in Maharashtra is a moot question. The troublesome
existence and implementation of reservation policy then existent did not deter
certain political parties from clamouring for Maratha reservation only with a
political motive. After the BJP formed the Government in the Centre, in a hasty
move, the then Congress- NCP alliance provided 16% reservation to Marathas and
5% to certain Muslim castes, by way of Ordinances. It should be noted that in
Maharashtra various Muslim communities were already covered under OBC and ST
categories.
The
reservations provided by the Ordinances were challenged in the Bombay High
Court. The implementation of the Maratha reservation Ordinance was stayed. The
reservation given to certain Muslim castes, however was upheld by the Court.
After the elections to the Assembly in 2014, the incoming ruling BJP-Shivsena alliance
did not convert the Muslim Reservation Ordinance into law. Hence it ceased to
be in force after its period of six months was over.
The
demand for Maratha reservation grew strident by the day. Political compulsion,
the ever growing aggression of the agitators and the helplessness of the
affected people of the open category resulted in the loss of 16% of the
available seats for the open category. The Central Government thereafter
amended the Constitution to provide 10% reservation to the Economically Weaker Sections
(EWS) of the classes who do not enjoy the benefits of caste-wise reservations.
Validity
of the Maratha reservation will be decided by the Supreme Court. The judgment
in that matter will be a landmark in the history of reservations in India.
Tailpiece: The Chief
Minister of Maharashtra, the most progressive state under wise kings, and home
to many eminent people in the field of academics and education; feels compelled
to tweet in support of atrocious reservation policy.
© Adv. Shrirang Choudhary
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