सृजनशील विचारांचा प्रवाह स्रोत
The Maratha reservation in Maharashtra is considered an important and sensitive issue. Annasaheb Patil was the first to hold a Maratha reservation protest in 1982. There have been numerous protests after that but none could provide the Maratha community the result they were looking for. After the 2014 elections, the Devendra Fadnavis-led government came to power in the state. This government established the Backward Classes Commission to study the socio-economic status of the Maratha community and conducted a survey of the Maratha community for updates on their economic, educational, and social status. Based on this survey, the Fadnavis government approved a 16% reservation for the Maratha community in 2018. Although petitions were filed in court against this reservation decision for the Maratha Community, the Fadnavis government fought a legal battle against the petition. At the same time, it established the Chhatrapati Shahu Maharaj Research and Training Institute (Sarathi) for the welfare of the Maratha community. Through this institution, students of the Maratha community were provided with assistance for educational and professional courses and training.
Annasaheb Patil opposed the Mandal Commission, and on 22 March 1982, he conducted the first Maratha reservation morcha in Mumbai, which also included 11 other demands. Economic grounds were the main issues for the reservation demand for the Maratha community. As his demands were not met within the stipulated period, Annasaheb Patil committed suicide the next day.
Initially, the demand for reservations was based on economic criteria for the Maratha community. However, after the Mandal Commission, the demand for the Maratha community reservation turned caste-based. As a result, besides the demand for economic upliftment, the Maratha Mahasangh and Maratha Seva Sangh began demanding Maratha caste reservation in government jobs and educational institutions in 1997. Attempts were made to cancel the upper caste status of Marathas and reidentify them as Kunbis.
Earlier the former chief ministers Sharad Pawar and Vilasrao Deshmukh had supported the demand for the Maratha community reservation. This time Congress CM Ashok Chavan also supported the same.
After continuous agitation by Maratha organizations, Chief Minister Prithviraj Chavan formed the Maratha Samaj Reservation Committee in December 2012 under the chairmanship of Cabinet Minister Narayan Rane. The committee was given the task of collecting information about the Maratha community by conducting a survey across the state, going to various departments, conducting discussions and debates, and listening to various organizations.
The committee, headed by Narayan Rane, conducted a survey of 18 lakh Maratha community people in the state and studied their socio-economic and educational status and submitted the report to Chief Minister Prithviraj Chavan on February 26, 2014.
After discussing the report submitted by the Narayan Rane Committee, Chief Minister Prithviraj Chavan in a cabinet meeting on June 25, 2014, decided to give 16 percent reservation for Marathas and 5 percent for the Muslim community in the government jobs and studies in educational institutions.
After the Congress-NCP Democratic Front government led by Chief Minister Prithviraj Chavan approved a proposal of 16 percent reservation for Marathas and 5 percent reservation for Muslims in educational institutions and jobs, an ordinance was signed by the Governor on July 9, 2014, giving 16 percent reservation to the Maratha community and 5 percent to the Muslim community.
The state government created a new category of educationally and socially backward community in the state under 15 (4) 15 (5) 16 (4) and 46 of the Indian Constitution and decided to include the Maratha community in that category.
Government decision to include the Maratha community in the Backward Class 15 July 2014
On November 14, 2014, the Bombay High Court issued a stay order to the Congress-NCP government’s ordinance to grant 16 percent reservation to Marathas in educational institutions and jobs, as the government failed to produce evidence to prove that the community was backward and also because the 50 percent reservation limit set by the Supreme Court was being violated.
After the Bombay High Court turned down the Congress-NCP government’s ordinance of granting 16 percent reservation to the Maratha community, Chief Minister Devendra Fadnavis decided to move the Supreme Court against the high court’s decision.
The Supreme Court upheld the Bombay High Court’s stay order to the Maratha community reservation in government jobs in Maharashtra. After taking oath as the Chief Minister on October 31, 2014, Devendra Fadnavis had filed an appeal in the Supreme Court against the Bombay High Court order.
The Bombay High Court issued an interim order on January 6, 2015, on the Maharashtra government’s fresh plea to provide reservations to the Maratha community. In 2014, the Congress-NCP government had stopped the implementation of 16 percent reservation for the Maratha community in education and government jobs. Meanwhile, the Devendra Fadnavis government has decided to float a tender to submit additional information to the Bombay High Court for Maratha reservation.
The first ‘Maratha Kranti Muk Morcha’ in the state to get reservations for the Maratha community was held in Aurangabad city on August 9, 2016, the August Kranti Day. The rally started from Kranti Chowk in Aurangabad city and finished at the divisional commissioner’s office. Thousands of Maratha community members participated in the rally.
The 2,800-page affidavit filed in the court said that the Maratha reservation approved by the Maharashtra government was legal and did not violate the constitutional provisions. Through this affidavit, the Devendra Fadnavis government stated that the Maratha community was socially and educationally backward and they needed reservation.
On 14 December 2016, the Sakal Maratha-Kunbi Samaj Sanghatana held a massive march in Nagpur demanding reservation for the Maratha community and the implementation of Swaminathan Commission recommendations, among other demands. A delegation of the Maratha Morcha Shishtamandal submitted a memorandum to Chief Minister Devendra Fadnavis.
The state government issued a notification on January 4, 2017, constituting the Maharashtra State Backward Classes Commission. The commission, headed by Justice Gaikwad, had recommended 12 and 13 percent reservations for Marathas in educational institutions and appointments in public services, respectively.
The Maratha community had called for Elgar through the Maratha Kranti Morcha in Mumbai. They assembled in lakhs between Byculla and Azad Maidan. After the silent march, Chief Minister Devendra Fadnavis made important announcements on the Kopardi rape case, reservation, education and other demands.
The Chief Minister Devendra Fadnavis every year offers prayers at the temple dedicated to Lord Vitthal and Rukmini in Pandharpur. However, keeping in view the proposed protest seeking reservation for the Maratha community in government jobs and the emotions of the Maratha samaj, the CM canceled his trip to Pandharpur to offer prayers on the occasion of Ashadhi Ekadashi.
Both houses of the Maharashtra legislature experienced a ruckus over the Maratha reservation issue. This led to the adjournment of the Assembly three times. Maharashtra Chief Minister Devendra Fadnavis announced a 16 percent reservation for the Maratha community in the state assembly.
Chief Minister Devendra Fadnavis canceled his visit to Pandharpur to avoid untoward incidents in the festival, saying the government supports the demand for the Maratha reservation. However, he and his wife performed the puja of Lord Vithal-Rukmini pair at his government residence, Varsha.
The report of the Backward Class Commission on the Maratha reservation has been handed over to Maharashtra Chief Secretary DK Jain. The 20000-page report was submitted by the members of the Backward Classes Commission, including its chairman, Justice MG Gaikwad.
The cabinet on 18 November 2018 decided to accept the recommendations submitted by the State Backward Classes Commission to the state government after studying the social, educational, and economic backwardness of the Maratha community and their ratio in government jobs. It was also decided to create a separate Social and Educational Backward Class in the state and include the socially and educationally backward people from the Maratha community in it. At the same time, approval was given to constitute a Cabinet sub-committee to review the statutory provisions in this regard.
The report of the State Backward Classes Commission was submitted to the government on November 15, 2018. The recommendations in the report were approved by the Cabinet in its meeting held on November 18, 2018. A Cabinet sub-committee was constituted under the chairmanship of the then Revenue Minister Chandrakant Patil through a Government Resolution dated November 22, 2018, to take statutory action on these recommendations.
Cabinet Sub-Committee on Maratha Reservation formed on 22 November 2018
Chief Minister Devendra Fadnavis on November 29, 2018, got the bill, providing 16 percent reservation to the socially and educationally backward (SEBC) Maratha community in the state, unanimously passed in the Legislative Assembly and Legislative Council.. The bill was signed into law by the governor on November 30 and came into effect on December 1, 2018.
The Maharashtra government provided 16 percent reservation to the Maratha community, while the upper limit for reservation is 50 percent. On December 3, 2018, a petition was filed in the Bombay High Court claiming that the government’s decision was unconstitutional.
The Bombay High Court refused to grant an interim stay on the decision taken by the state government regarding the Maratha reservation. It also postponed the final hearing on the petitions filed against this decision. The Bombay High Court said it will hear the petitions related to the Maratha reservation on December 10.
It was decided to issue caste certificates and caste verification certificates to the students of the Maratha community, socially and educationally backward classes, as per the provisions of the Maharashtra Scheduled Castes, Scheduled Tribes, Vimukta Jati, and the Nomadic Tribes, as per Other Backward Classes and Special Backward Classes Act 2000 and Rules 2012. The decision was announced on December 7, 2018.
As per the Maharashtra State Socially and Educationally Backward Class (SEBC) Act No. 62, the non-criminal income limit for this category has been increased to Rs 8 lakh to get reservation in educational institutions and government jobs in the state. The person who belongs to the advanced and advanced group can take advantage of reservation through this act.
The Maharashtra government has filed a 49-page affidavit in the Bombay High Court stating that it stands by its decision to provide reservation to the Maratha community. Through the affidavit, the state government clarified that it was committed to removing the social and economic backwardness of the Maratha community.
The central government amended the Constitution to provide 10 percent reservation to economically weaker sections (EWS) in jobs and education. The decision to provide reservation to such sections in the state was taken by the Devendra Fadnavis-led government in a cabinet meeting on February 4, 2019. Families with an annual income of up to Rs 8 lakh are eligible for the scheme.
Maharashtra Chief Minister Devendra Fadnavis introduced the bill to provide 16 percent reservation to the Maratha community in state legislative assemblies. Various petitions were filed in the Bombay High Court against the bill and Maratha reservation. The final hearing on all the petitions began on February 6, 2019, before a bench of Justices Ranjit More and Bharati Dangre.
The Government of India has decided to reserve 10% of the total number of seats in Government Educational Institutions / Govt. aided Colleges & Institutions imparting higher education for the economically weaker sections among the backward classes eligible for the benefit of reservation under Article 15 (4) (5) and Article 16 (4) of the Constitution of India. Accordingly, the state government issued its decision on February 12, 2019.
In 2018, Maharashtra Chief Minister Devendra Fadnavis announced a 16 percent reservation for the Maratha community in jobs and education. However, several petitions were filed in the Bombay High Court against the decision. Four petitions were filed in the Bombay High Court against the Maratha reservation. A total of 22 applications were received. Of these, 16 were in favour of the Maratha reservation and 6 were against it. The arguments on these petitions were concluded on March 26, 2019. After the hearing, the court had reserved the decision.
The Bombay High Court decided to dispose of all the petitions related to the Maratha reservation on June 27, 2019. It also decided to dispose of all the petitions together.
The Maratha reservation, State Backward Classes Commission, and related matters were transferred from the Social Justice Department to the Welfare Department for the Vimukta Jati, Nomadic Tribes, Other Backward Classes and Special Backward Classes. The Department of Social Justice published the government decision on June 25, 2019.
The Bombay High Court upheld the Maharashtra government’s decision to provide reservation to the Maratha community, hearing a petition challenging the constitutional validity of the Maratha reservation. The Bombay High Court observed that despite the upper limit of reservation up to 50 percent, the backward commission could take a decision on it in some exceptional cases,. The court also said that the reservation given to the Maratha community as proposed by the backward commission could be increased to 12 to 13 percent, but not 16 percent.
On July 1, 2019, the Maharashtra Legislative Assembly unanimously passed a bill to provide 12 percent reservation to the Maratha community in education and 13 percent in jobs. As per the new law, the Maratha community will get 12 percent reservation in education and 13 percent in jobs.
The social, educational and economic profile of the Maratha community in the state was studied by the Devendra Fadnavis government by establishing the State Backward Class Commission. The commission had recommended 12 percent reservation for Marathas in education and 13 percent in jobs. Accordingly, the state government announced 13 percent reservation to Marathas in government jobs and 12 percent in educational institutions. But the Supreme Court referred the matter to a larger bench, asking whether the state government has the right to declare a socially and economically backward class.
The state government has provided 12 percent reservation to Marathas in education and 13 percent in jobs. But does the state government have the right to declare the reservation for a backward class? The matter was referred to a five-judge bench in the Supreme Court. The bench, after hearing the arguments from both sides, adjourned the matter for 10 days.
The Supreme Court struck down the Maharashtra government’s decision to provide reservations to the Maratha community. The state government had approved this reservation to the Maratha community on the basis of economic and social backwardness. However, the Supreme Court opined that the matter needed to be reconsidered as the 50 percent limit to reservations must not be violated. The apex court also said that the law to provide reservations to the Maratha community was unconstitutional.
On November 7, 2022, the Supreme Court gave a historic verdict on the validity of the 10 percent reservation given to people from the economically weaker sections for jobs and education. A five-judge constitution bench headed by Chief Justice of India (CJI) Uday Lalit pronounced the verdict.
There should be rationality in issuing Kunbi caste certificates to the Maratha-Kunbi and Kunbi-Maratha people in Marathwada. An 11-member committee, headed by the additional chief secretary of the revenue department, was also formed to resolve the problems. The committee was to submit its report to the government in three months.
In the process of issuing Maratha-Kunbi-Maratha caste certificates to the Maratha community in Marathwada, a committee was formed under the chairmanship of a retired judge to determine the procedure for issuing Maratha-Kunbi-Maratha caste certificates to eligible persons by examining the necessary Nizam-era evidence, genealogy, educational evidence, revenue evidence, Nizam-era agreements, charters issued by the Nizam-era princely states, national documents, etc.
The process of issuing Maratha-Kunbi, Kunbi-Maratha caste certificates was started on the basis of documents available from the Nizam period and other documents in Marathwada. Retired Justice Sandeep Shinde Committee submitted its first report to the state cabinet on October 31, 2023. According to the report, 1.75 crore records were checked in all eight districts of Marathwada, of which 13,498 old Kunbi records were found. The cabinet approved the issuance of the Kunabi caste certificate to them.
The State Backward Class Commission decided to conduct a survey on a war footing to check the social and educational backwardness of the Maratha community. Accordingly, the Commission conducted a historical survey in a very short time as per the guidelines of the Supreme Court to prove the social backwardness of the Maratha community.
In order to ensure that the students of the Maratha community are not deprived of any educational concession in the absence of reservation, it was decided to apply all educational facilities and concessions to the students of the Maratha community.
The Department of Social Justice issued a notification on January 26, 2024, to amend and verify the caste certificates as per the Caste Certificate Rules, 2012 under the Caste Certificate Act, 2000. The notification had invited opinions and suggestions from citizens until February 16, 2024. The Social Justice Department had received over four lakh objections and suggestions till February 16.
The Maharashtra State Backward Classes Commission, headed by retired Justice Sunil Shukre, submitted the survey report on the social, economic, and educational backwardness of the Maratha community to the state government. Around 2.5 crore households were surveyed by the Commission. The survey revealed that the Maratha community constitutes around 27 percent of the population in the state.
The state government held a special meeting of the state cabinet on 20 February 2024 to provide reservation to the Maratha community. In the meeting, it was decided to give 10 percent reservation to the Maratha community by accepting the recommendations of the State Backward Class Commission. In a special one-day session held after the cabinet meeting, the state government unanimously passed the bill providing 10 quotas in education and jobs to the Maratha community.
The Maharashtra government called a special session of the state legislature to pass the Maratha reservation bill. The bill was then signed by the governor on February 26, 2014. and converted into a law ensuring 10 percent reservation in jobs and education for the Maratha community under a separate category.
After the approval of the Maratha community reservation by the Mahayuti government, on 1 March 2024, the Deputy Chief Minister and Home Minister of the state Devendra Fadnavis informed the Legislative Council about the implementation of 10 percent reservation for the Maratha community in the upcoming police recruitment. The advertisement was issued by the state government for 17,471 police posts. In it, 10 percent of the posts were reserved for the Maratha community.
A committee was formed under the chairmanship of retired Justice Sandeep Shinde to determine the procedure for issuing the Maratha-Kunbi and Kunbi-Maratha caste certificates to eligible persons in the state. The 2nd and 3rd reports submitted by this committee were presented in the state cabinet meeting held on September 30, 2024. Through this report, 14 recommendations were submitted to the government. The Chief Minister ordered that the observations and recommendations in this report be noted and action be taken to implement them accordingly.
Annasaheb Patil opposed the Mandal Commission, and on 22 March 1982, he conducted the first Maratha reservation morcha in Mumbai, which also included 11 other demands. Economic grounds were the main issues for the reservation demand for the Maratha community. As his demands were not met within the stipulated period, Annasaheb Patil committed suicide the next day.
Initially, the demand for reservations was based on economic criteria for the Maratha community. However, after the Mandal Commission, the demand for the Maratha community reservation turned caste-based. As a result, besides the demand for economic upliftment, the Maratha Mahasangh and Maratha Seva Sangh began demanding Maratha caste reservation in government jobs and educational institutions in 1997. Attempts were made to cancel the upper caste status of Marathas and reidentify them as Kunbis.
Earlier the former chief ministers Sharad Pawar and Vilasrao Deshmukh had supported the demand for the Maratha community reservation. This time Congress CM Ashok Chavan also supported the same.
After continuous agitation by Maratha organizations, Chief Minister Prithviraj Chavan formed the Maratha Samaj Reservation Committee in December 2012 under the chairmanship of Cabinet Minister Narayan Rane. The committee was given the task of collecting information about the Maratha community by conducting a survey across the state, going to various departments, conducting discussions and debates, and listening to various organizations.
The committee, headed by Narayan Rane, conducted a survey of 18 lakh Maratha community people in the state and studied their socio-economic and educational status and submitted the report to Chief Minister Prithviraj Chavan on February 26, 2014.
After discussing the report submitted by the Narayan Rane Committee, Chief Minister Prithviraj Chavan in a cabinet meeting on June 25, 2014, decided to give 16 percent reservation for Marathas and 5 percent for the Muslim community in the government jobs and studies in educational institutions.
After the Congress-NCP Democratic Front government led by Chief Minister Prithviraj Chavan approved a proposal of 16 percent reservation for Marathas and 5 percent reservation for Muslims in educational institutions and jobs, an ordinance was signed by the Governor on July 9, 2014, giving 16 percent reservation to the Maratha community and 5 percent to the Muslim community.
The state government created a new category of educationally and socially backward community in the state under 15 (4) 15 (5) 16 (4) and 46 of the Indian Constitution and decided to include the Maratha community in that category.
Government decision to include the Maratha community in the Backward Class 15 July 2014
On November 14, 2014, the Bombay High Court issued a stay order to the Congress-NCP government’s ordinance to grant 16 percent reservation to Marathas in educational institutions and jobs, as the government failed to produce evidence to prove that the community was backward and also because the 50 percent reservation limit set by the Supreme Court was being violated.
After the Bombay High Court turned down the Congress-NCP government’s ordinance of granting 16 percent reservation to the Maratha community, Chief Minister Devendra Fadnavis decided to move the Supreme Court against the high court’s decision.
The Supreme Court upheld the Bombay High Court’s stay order to the Maratha community reservation in government jobs in Maharashtra. After taking oath as the Chief Minister on October 31, 2014, Devendra Fadnavis had filed an appeal in the Supreme Court against the Bombay High Court order.
The Bombay High Court issued an interim order on January 6, 2015, on the Maharashtra government’s fresh plea to provide reservations to the Maratha community. In 2014, the Congress-NCP government had stopped the implementation of 16 percent reservation for the Maratha community in education and government jobs. Meanwhile, the Devendra Fadnavis government has decided to float a tender to submit additional information to the Bombay High Court for Maratha reservation.
The first ‘Maratha Kranti Muk Morcha’ in the state to get reservations for the Maratha community was held in Aurangabad city on August 9, 2016, the August Kranti Day. The rally started from Kranti Chowk in Aurangabad city and finished at the divisional commissioner’s office. Thousands of Maratha community members participated in the rally.
The 2,800-page affidavit filed in the court said that the Maratha reservation approved by the Maharashtra government was legal and did not violate the constitutional provisions. Through this affidavit, the Devendra Fadnavis government stated that the Maratha community was socially and educationally backward and they needed reservation.
On 14 December 2016, the Sakal Maratha-Kunbi Samaj Sanghatana held a massive march in Nagpur demanding reservation for the Maratha community and the implementation of Swaminathan Commission recommendations, among other demands. A delegation of the Maratha Morcha Shishtamandal submitted a memorandum to Chief Minister Devendra Fadnavis.
The state government issued a notification on January 4, 2017, constituting the Maharashtra State Backward Classes Commission. The commission, headed by Justice Gaikwad, had recommended 12 and 13 percent reservations for Marathas in educational institutions and appointments in public services, respectively.
The Maratha community had called for Elgar through the Maratha Kranti Morcha in Mumbai. They assembled in lakhs between Byculla and Azad Maidan. After the silent march, Chief Minister Devendra Fadnavis made important announcements on the Kopardi rape case, reservation, education and other demands.
The Chief Minister Devendra Fadnavis every year offers prayers at the temple dedicated to Lord Vitthal and Rukmini in Pandharpur. However, keeping in view the proposed protest seeking reservation for the Maratha community in government jobs and the emotions of the Maratha samaj, the CM canceled his trip to Pandharpur to offer prayers on the occasion of Ashadhi Ekadashi.
Both houses of the Maharashtra legislature experienced a ruckus over the Maratha reservation issue. This led to the adjournment of the Assembly three times. Maharashtra Chief Minister Devendra Fadnavis announced a 16 percent reservation for the Maratha community in the state assembly.
Chief Minister Devendra Fadnavis canceled his visit to Pandharpur to avoid untoward incidents in the festival, saying the government supports the demand for the Maratha reservation. However, he and his wife performed the puja of Lord Vithal-Rukmini pair at his government residence, Varsha.
The report of the Backward Class Commission on the Maratha reservation has been handed over to Maharashtra Chief Secretary DK Jain. The 20000-page report was submitted by the members of the Backward Classes Commission, including its chairman, Justice MG Gaikwad.
The cabinet on 18 November 2018 decided to accept the recommendations submitted by the State Backward Classes Commission to the state government after studying the social, educational, and economic backwardness of the Maratha community and their ratio in government jobs. It was also decided to create a separate Social and Educational Backward Class in the state and include the socially and educationally backward people from the Maratha community in it. At the same time, approval was given to constitute a Cabinet sub-committee to review the statutory provisions in this regard.
The report of the State Backward Classes Commission was submitted to the government on November 15, 2018. The recommendations in the report were approved by the Cabinet in its meeting held on November 18, 2018. A Cabinet sub-committee was constituted under the chairmanship of the then Revenue Minister Chandrakant Patil through a Government Resolution dated November 22, 2018, to take statutory action on these recommendations.
Cabinet Sub-Committee on Maratha Reservation formed on 22 November 2018
Chief Minister Devendra Fadnavis on November 29, 2018, got the bill, providing 16 percent reservation to the socially and educationally backward (SEBC) Maratha community in the state, unanimously passed in the Legislative Assembly and Legislative Council.. The bill was signed into law by the governor on November 30 and came into effect on December 1, 2018.
The Maharashtra government provided 16 percent reservation to the Maratha community, while the upper limit for reservation is 50 percent. On December 3, 2018, a petition was filed in the Bombay High Court claiming that the government’s decision was unconstitutional.
The Bombay High Court refused to grant an interim stay on the decision taken by the state government regarding the Maratha reservation. It also postponed the final hearing on the petitions filed against this decision. The Bombay High Court said it will hear the petitions related to the Maratha reservation on December 10.
It was decided to issue caste certificates and caste verification certificates to the students of the Maratha community, socially and educationally backward classes, as per the provisions of the Maharashtra Scheduled Castes, Scheduled Tribes, Vimukta Jati, and the Nomadic Tribes, as per Other Backward Classes and Special Backward Classes Act 2000 and Rules 2012. The decision was announced on December 7, 2018.
As per the Maharashtra State Socially and Educationally Backward Class (SEBC) Act No. 62, the non-criminal income limit for this category has been increased to Rs 8 lakh to get reservation in educational institutions and government jobs in the state. The person who belongs to the advanced and advanced group can take advantage of reservation through this act.
The Maharashtra government has filed a 49-page affidavit in the Bombay High Court stating that it stands by its decision to provide reservation to the Maratha community. Through the affidavit, the state government clarified that it was committed to removing the social and economic backwardness of the Maratha community.
The central government amended the Constitution to provide 10 percent reservation to economically weaker sections (EWS) in jobs and education. The decision to provide reservation to such sections in the state was taken by the Devendra Fadnavis-led government in a cabinet meeting on February 4, 2019. Families with an annual income of up to Rs 8 lakh are eligible for the scheme.
Maharashtra Chief Minister Devendra Fadnavis introduced the bill to provide 16 percent reservation to the Maratha community in state legislative assemblies. Various petitions were filed in the Bombay High Court against the bill and Maratha reservation. The final hearing on all the petitions began on February 6, 2019, before a bench of Justices Ranjit More and Bharati Dangre.
The Government of India has decided to reserve 10% of the total number of seats in Government Educational Institutions / Govt. aided Colleges & Institutions imparting higher education for the economically weaker sections among the backward classes eligible for the benefit of reservation under Article 15 (4) (5) and Article 16 (4) of the Constitution of India. Accordingly, the state government issued its decision on February 12, 2019.
In 2018, Maharashtra Chief Minister Devendra Fadnavis announced a 16 percent reservation for the Maratha community in jobs and education. However, several petitions were filed in the Bombay High Court against the decision. Four petitions were filed in the Bombay High Court against the Maratha reservation. A total of 22 applications were received. Of these, 16 were in favour of the Maratha reservation and 6 were against it. The arguments on these petitions were concluded on March 26, 2019. After the hearing, the court had reserved the decision.
The Bombay High Court decided to dispose of all the petitions related to the Maratha reservation on June 27, 2019. It also decided to dispose of all the petitions together.
The Maratha reservation, State Backward Classes Commission, and related matters were transferred from the Social Justice Department to the Welfare Department for the Vimukta Jati, Nomadic Tribes, Other Backward Classes and Special Backward Classes. The Department of Social Justice published the government decision on June 25, 2019.
The Bombay High Court upheld the Maharashtra government’s decision to provide reservation to the Maratha community, hearing a petition challenging the constitutional validity of the Maratha reservation. The Bombay High Court observed that despite the upper limit of reservation up to 50 percent, the backward commission could take a decision on it in some exceptional cases,. The court also said that the reservation given to the Maratha community as proposed by the backward commission could be increased to 12 to 13 percent, but not 16 percent.
On July 1, 2019, the Maharashtra Legislative Assembly unanimously passed a bill to provide 12 percent reservation to the Maratha community in education and 13 percent in jobs. As per the new law, the Maratha community will get 12 percent reservation in education and 13 percent in jobs.
The social, educational and economic profile of the Maratha community in the state was studied by the Devendra Fadnavis government by establishing the State Backward Class Commission. The commission had recommended 12 percent reservation for Marathas in education and 13 percent in jobs. Accordingly, the state government announced 13 percent reservation to Marathas in government jobs and 12 percent in educational institutions. But the Supreme Court referred the matter to a larger bench, asking whether the state government has the right to declare a socially and economically backward class.
The state government has provided 12 percent reservation to Marathas in education and 13 percent in jobs. But does the state government have the right to declare the reservation for a backward class? The matter was referred to a five-judge bench in the Supreme Court. The bench, after hearing the arguments from both sides, adjourned the matter for 10 days.
The Supreme Court struck down the Maharashtra government’s decision to provide reservations to the Maratha community. The state government had approved this reservation to the Maratha community on the basis of economic and social backwardness. However, the Supreme Court opined that the matter needed to be reconsidered as the 50 percent limit to reservations must not be violated. The apex court also said that the law to provide reservations to the Maratha community was unconstitutional.
On November 7, 2022, the Supreme Court gave a historic verdict on the validity of the 10 percent reservation given to people from the economically weaker sections for jobs and education. A five-judge constitution bench headed by Chief Justice of India (CJI) Uday Lalit pronounced the verdict.
There should be rationality in issuing Kunbi caste certificates to the Maratha-Kunbi and Kunbi-Maratha people in Marathwada. An 11-member committee, headed by the additional chief secretary of the revenue department, was also formed to resolve the problems. The committee was to submit its report to the government in three months.
In the process of issuing Maratha-Kunbi-Maratha caste certificates to the Maratha community in Marathwada, a committee was formed under the chairmanship of a retired judge to determine the procedure for issuing Maratha-Kunbi-Maratha caste certificates to eligible persons by examining the necessary Nizam-era evidence, genealogy, educational evidence, revenue evidence, Nizam-era agreements, charters issued by the Nizam-era princely states, national documents, etc.
The process of issuing Maratha-Kunbi, Kunbi-Maratha caste certificates was started on the basis of documents available from the Nizam period and other documents in Marathwada. Retired Justice Sandeep Shinde Committee submitted its first report to the state cabinet on October 31, 2023. According to the report, 1.75 crore records were checked in all eight districts of Marathwada, of which 13,498 old Kunbi records were found. The cabinet approved the issuance of the Kunabi caste certificate to them.
The State Backward Class Commission decided to conduct a survey on a war footing to check the social and educational backwardness of the Maratha community. Accordingly, the Commission conducted a historical survey in a very short time as per the guidelines of the Supreme Court to prove the social backwardness of the Maratha community.
In order to ensure that the students of the Maratha community are not deprived of any educational concession in the absence of reservation, it was decided to apply all educational facilities and concessions to the students of the Maratha community.
The Department of Social Justice issued a notification on January 26, 2024, to amend and verify the caste certificates as per the Caste Certificate Rules, 2012 under the Caste Certificate Act, 2000. The notification had invited opinions and suggestions from citizens until February 16, 2024. The Social Justice Department had received over four lakh objections and suggestions till February 16.
The Maharashtra State Backward Classes Commission, headed by retired Justice Sunil Shukre, submitted the survey report on the social, economic, and educational backwardness of the Maratha community to the state government. Around 2.5 crore households were surveyed by the Commission. The survey revealed that the Maratha community constitutes around 27 percent of the population in the state.
The state government held a special meeting of the state cabinet on 20 February 2024 to provide reservation to the Maratha community. In the meeting, it was decided to give 10 percent reservation to the Maratha community by accepting the recommendations of the State Backward Class Commission. In a special one-day session held after the cabinet meeting, the state government unanimously passed the bill providing 10 quotas in education and jobs to the Maratha community.
The Maharashtra government called a special session of the state legislature to pass the Maratha reservation bill. The bill was then signed by the governor on February 26, 2014. and converted into a law ensuring 10 percent reservation in jobs and education for the Maratha community under a separate category.
After the approval of the Maratha community reservation by the Mahayuti government, on 1 March 2024, the Deputy Chief Minister and Home Minister of the state Devendra Fadnavis informed the Legislative Council about the implementation of 10 percent reservation for the Maratha community in the upcoming police recruitment. The advertisement was issued by the state government for 17,471 police posts. In it, 10 percent of the posts were reserved for the Maratha community.
A committee was formed under the chairmanship of retired Justice Sandeep Shinde to determine the procedure for issuing the Maratha-Kunbi and Kunbi-Maratha caste certificates to eligible persons in the state. The 2nd and 3rd reports submitted by this committee were presented in the state cabinet meeting held on September 30, 2024. Through this report, 14 recommendations were submitted to the government. The Chief Minister ordered that the observations and recommendations in this report be noted and action be taken to implement them accordingly.
The Devendra Fadnavis government had approved 16 percent reservation for the Maratha community. This reservation was also approved by the High Court in 2019. However, as the then government failed to put up a strong and well-researched case to defend the Maratha reservation in 2021, the Supreme Court struck down this reservation, saying the reservation exceeded the constitutional limits. After that, in 2023, the government under the guidance of Chief Minister Eknath Shinde and Deputy Chief Minister Devendra Fadnavis once again implemented 10 percent reservation for the Maratha community in education and jobs. Subsequently, Shri Devendra Fadnavis, then Deputy CM and Home Minister, announced 10% reservation for Maratha candidates in the police recruitment.
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