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Bombay High Court upholds Maratha reservation, but says 16 per cent unjustifiable

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Bombay High Court upholds Maratha reservation, but says 16 per cent unjustifiable

The Bombay High Court today (Thursday, June 27) upheld the reservation granted to Maratha community in admission to educational institutions and appointments to posts in public services, but said the 16 per cent quota was “unjustifiable”.

The Maharashtra government had decided to provide reservation in government jobs and educational institutions to Marathas yielding to demands after violent agitation by the community through July and August last year. The movement was called by the Sakal Maratha Samaj, an umbrella body of Maratha groups.

A Bench of Justices Ranjit More and Bharti Dangre held that Maharashtra State Reservation (of Seats for Admission in Educational Institutions in the State and for Appointments to the Posts in the Public Services under the State) for Socially and Educationally Backward Category (SEBC) Act, 2018 (SEBC Act) is Constitutional.

However, the court cut down on the quantum of 16 per cent approved by the government on the grounds that it was not “justifiable”. It said that instead of the 16 percent reservation proposed by the State government, the reservation should be capped at 12 percent for jobs and 13 percent for admission to educational institutions as per the recommendation of the State Commission for Backward Classes.

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The SEBC Act was enacted pursuant to the recommendations of the State Commission for Backward Classes constituted under the Maharashtra State Backward Classes Commission Act, 2005 (2005 Act) and headed by retired judge, Justice MG Gaikwad.

The verdict came on a petition claiming that the Maharashtra government’s decision amounted to providing the Maratha community with “permanent crutches”. The petitioners also maintained that the reservation of 16 percent afforded to Marathas went against the ceiling limit of 50 percent prescribed by the Supreme Court judgment of Indra Sawhney v. Union of India.

The final arguments commenced on February 6, in the petitions filed by advocates Jaishri Patil, Sanjeet Shukla and Dr Uday Dhople along with others, challenging the notification published by the government on November 30, 2018, providing reservation to the community in government jobs and educational institutions.

The petitioners had contended that Supreme Court judgments mandate periodic revision of lists every ten years to exclude from such lists those classes which have ceased to be backward classes or for including in such lists new backward classes. The said exercise was not done.

They argued that the State Government has passed the SEBC Act on the basis of unquantified data and without revising the list in the light of the provisions of the existing list of backward classes.

The Gaikwad Commission report was also called into question for failing to adhere to the mandate of Indra Sawhney judgment and the Mandal Commission report.

Some of the petitioners had also contended that with the insertion of Articles 342A and 366(26) in the Constitution by way of Constitution (One Hundred and Second) Amendment Act, 2018, the power to identify and specify the socially and educationally backward classes came to be vested solely with the President and the Parliament. The 2005 Act, therefore, stood repealed by implication as it lost its existence as a result of the Constitution (One Hundred and Second Amendment) Act, 2018, the petitioners had stated.

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The High Court upheld the Gaikwad Commission report and also ruled that the State government’s competence to enact the law is unaffected by the Constitution (One Hundred and Second) Amendment Act, 2018.

The court, as per media reports,said, “The state has legislative competence to give reservation to the socially and educationally backward class and the constitutional amendment of 2018 does not take away the said power of the state.”

The bench further said that the 50 percent ceiling of reservation can be crossed, when there exists extraordinary circumstances, which the state’s backward commission has shown in their report.

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The state legislature had passed a bill granting 16 per cent reservation in education and government jobs for the Marathas, declared a socially and educationally backward class by the administration, on November 30 last year. This was supposed to be in addition to the existing 52 per cent overall reservation in the state, thereby raising it to 68 per cent.

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Amit Shah counters delimitation concerns, says southern states to gain Lok Sabha seats

Amit Shah assures Parliament that southern states will gain Lok Sabha seats after delimitation, countering opposition criticism during the women’s reservation debate.

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Amit Shah

Union Home Minister Amit Shah on Thursday addressed concerns over the proposed delimitation exercise, asserting in the Lok Sabha that southern states will not lose representation but instead see an increase in their number of seats.

His remarks came during a heated debate linked to the implementation of women’s reservation, where opposition parties have raised fears that population-based delimitation could reduce the political weight of southern states.

Shah rejected these claims, calling them misleading, and said the proposed framework ensures fairness while expanding the overall strength of the Lok Sabha.

Seat count to rise with expansion of Lok Sabha

The government has indicated that the total number of Lok Sabha seats could increase significantly as part of the delimitation process. In this expanded House, the combined representation of southern states is expected to rise from 129 seats at present to around 195 seats.

Shah emphasised that no state will lose seats in absolute terms, and the exercise is designed to reflect population changes while maintaining balance across regions.

State-wise projections shared in Parliament

During his address, Shah also provided indicative figures for individual southern states, suggesting notable increases in representation. According to the projections:

  • Tamil Nadu could see its seats rise substantially
  • Kerala, Telangana, and Andhra Pradesh are also expected to gain additional seats
  • Karnataka’s representation may increase as well

These figures were presented to counter the argument that delimitation would disproportionately favour northern states.

Political debate intensifies over linkage with women’s quota

The delimitation exercise has been closely linked to the rollout of women’s reservation, which proposes one-third seats for women in Parliament and state assemblies.

Opposition leaders have questioned this linkage, arguing that tying reservation to delimitation could delay its implementation and raise federal concerns. Some leaders have also warned that the move could impact national unity if apprehensions among states are not addressed.

The government, however, maintains that the reforms are necessary to ensure equitable representation and to align the electoral system with demographic realities.

Centre dismisses ‘false narrative’ on southern states

Shah reiterated that concerns about southern states losing influence are unfounded. He said the delimitation process will increase representation across regions and described the criticism as a “false narrative” aimed at creating confusion.

The issue is expected to remain a key flashpoint as Parliament continues discussions on the women’s reservation framework and related legislative changes.

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PM Modi assures no discrimination in women’s quota, delimitation debate intensifies in Parliament

PM Narendra Modi has assured that women’s reservation will be implemented without discrimination, amid a heated debate over delimitation in Parliament.

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Prime Minister Narendra Modi has assured that there will be no discrimination in the implementation of women’s reservation, as Parliament witnessed a sharp debate over the proposed linkage between the quota and delimitation exercise.

During the ongoing special session, the government reiterated its commitment to ensuring fair representation while addressing concerns raised by opposition parties regarding the timing and structure of the legislation.

The proposed framework aims to reserve 33 percent of seats for women in the Lok Sabha and state assemblies. However, its implementation is tied to a fresh delimitation exercise, which is expected after the next census.

Opposition questions timing and intent

Opposition leaders have raised concerns that linking the women’s quota to delimitation could delay its implementation. They argue that the process of redrawing constituencies may push the actual rollout further into the future.

The issue has triggered a broader political confrontation, with multiple parties questioning whether the move could alter representation across states.

Some critics have also alleged that the delimitation exercise could disproportionately benefit certain regions based on population, a charge the government has rejected.

Government reiterates commitment to fair implementation

Responding to these concerns, the Centre has maintained that the reforms are necessary to ensure accurate and updated representation based on population data.

Leaders from the ruling side have repeatedly emphasized that the process will be carried out transparently and without bias. The assurance that there will be “no discrimination” is aimed at addressing fears among states and opposition parties.

The debate marks a key moment in Parliament, with both sides engaging in intense exchanges over one of the most significant electoral reforms in recent years.

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Give all tickets to Muslim women, Amit Shah says, attacking Akhilesh Yadav on sub-quota demand

A sharp exchange between Amit Shah and Akhilesh Yadav in Parliament over sub-quota for Muslim women highlights key divisions on women’s reservation implementation.

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A heated exchange broke out in Parliament during discussions on the women’s reservation framework, with Union Home Minister Amit Shah and Samajwadi Party chief Akhilesh Yadav locking horns over the demand for a sub-quota for Muslim women.

The debate unfolded as the government pushed forward key legislative measures to implement 33% reservation for women in the Lok Sabha and state assemblies.

Akhilesh Yadav argued that the proposed reservation must ensure representation for women from marginalised communities, including Other Backward Classes (OBCs) and Muslim women. He said that without such provisions, large sections could remain excluded from political participation.

He also questioned the timing of the bill, alleging that the Centre was avoiding a caste census. According to him, a census would lead to renewed demands for caste-based reservations, which the government is reluctant to address.

Government rejects religion-based quota

Responding to the demand, Amit Shah made it clear that reservation based on religion is not permitted under the Constitution.

He stated that any proposal to provide quota to Muslims on religious grounds would be unconstitutional, firmly rejecting the idea of a separate sub-quota for Muslim women within the broader reservation framework.

The government has maintained that the existing framework already includes provisions for Scheduled Castes (SC) and Scheduled Tribes (ST) women within the overall reservation structure.

Wider political divide over implementation

The issue of sub-categorisation within the women’s quota has emerged as a major flashpoint, even as most opposition parties broadly support the idea of women’s reservation.

Samajwadi Party leaders reiterated that their support for the bill depends on inclusion of OBC and minority women, while the government continues to defend its constitutional position.

The debate is part of a broader discussion during the special Parliament session, where multiple bills linked to delimitation and implementation of the women’s quota are being taken up.

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