The Maratha Kranti Morcha has also contacted Justice (retired) P B Sawant, who was part of the nine-member Supreme Court bench that had delivered the historic judgment in the Indra Sawhney versus Union of India in 1992. (File)THREE days after Chief Minister Devendra Fadnavis announced that the Maratha community will get reservation through a special category, leaders of the Maratha Kranti Morcha are seeking opinions from multiple experts on whether the state government’s decision will stand the test of judicial scrutiny.
“We want to know whether the move can stand judicial scrutiny or will get struck down in the Supreme Court…,” said Rajendra Kondhare, one of the Morcha leaders. Kondhare said two of their leaders, who were currently in Delhi, were trying to contact constitutional experts and top lawyers to understand their views on the latest decision of the Fadnavis government.
“We will share the ‘best option’ with the state government,” he said. “…We are trying to get in touch with lawyers who have dealt with the reservation issue in the Supreme Court, to seek their view on how the government will be able to implement its decision of creating a separate category,” said Kondhare.
The Maratha Kranti Morcha has also contacted Justice (retired) P B Sawant, who was part of the nine-member Supreme Court bench that had delivered the historic judgment in the Indra Sawhney versus Union of India in 1992. “As per my knowledge, the SC bench had held that the backward classes mentioned in Article 16(4) of the Constitution are not similar to the socially backward classes in Article 15 (4). These are Scheduled Castes and Scheduled Tribes. Article 16(4) permits the classification of backward classes into more backward classes,” he said.
Kondhare said the apex court had held that the Constitution recognised only social and educational backwardness. The N G Gaikwad-led Backward Class Commission has stated that Marathas are socially and educationally backward. Therefore, the state government has decided to provide reservation through the SEBC category,” he said.
Admitting that there was confusion over the issue within the Morcha, an umbrella organisation of all Maratha outfits, Kondhare said, “Different leaders have different views on whether there should be a separate category or whether there should be reservation within the existing quota… nobody is trying to understand that in the 32 per cent OBC quota, there are 350 castes…. which means there is competition and a fight for merit…”.
Maruti Bhapkar, another leader from the Maratha community, said it will be difficult for the state government to implement its decision of giving quota through a special category. “I have been discussing this aspect with legal luminaries well-versed in reservation issues. Their view is that the Constitution recognises reservation only through SC, ST and OBC category and does not recognise the fourth category. Therefore, the best available option is granting reservation through the existing OBC quota. In the existing 32 per cent quota, the government can specify 16 per cent quota for Marathas in category A or B. This is how many experts believe the state government will be able to get its decision upheld in the court,” he said.
