Maharashtra Government Officially Revokes 5% Muslim Reservation in Jobs and Education
The Mahayuti government in Maharashtra has taken a definitive step by formally cancelling the five per cent reservation for Muslims in government jobs and educational institutions. This significant move was executed through a Government Resolution (GR) issued by the Social Justice Department on Tuesday, effectively nullifying the 2014 order that had originally granted this reservation.
Historical Context of the Muslim Quota
The five per cent reservation for Muslims was initially introduced in July 2014 by the then Congress-NCP coalition government through an ordinance. This policy was implemented alongside a 16 per cent reservation for Marathas, with the stated objective of addressing socio-economic backwardness identified within certain segments of the Muslim community.
Importantly, the quota was not framed as religion-based. Instead, Muslims were classified under a newly created category called Special Backward Class-A (SBC-A). The benefits were designed to apply to admissions in educational institutions as well as positions in government and semi-government employment.
The timing of this ordinance, coming just months before the 2014 assembly elections, rendered it politically contentious from its very inception.
Legal Challenges and Procedural Hurdles
Almost immediately after the ordinance was issued, it faced legal challenges in the Bombay High Court. Petitioners argued that reservations based on religion violated constitutional principles and that the quota breached the 50 per cent ceiling on reservations established by Supreme Court precedents.
In November 2014, the Bombay High Court stayed the implementation of the ordinance, effectively preventing the quota from being operationalized unless the stay was lifted or the policy was substantially revised.
The ordinance also encountered a critical procedural obstacle. According to constitutional provisions, an ordinance must be converted into law through legislative approval within a specified timeframe. The Maharashtra legislature failed to take up the ordinance before the December 23, 2014 deadline, causing it to lapse automatically.
Subsequently, the Supreme Court, while adjudicating a Special Leave Petition against the high court's order, effectively upheld the legal position that the quota could not continue. Consequently, the five per cent Muslim reservation never came into practical effect.
Rationale Behind the Formal Cancellation
Despite the ordinance having lapsed and the courts having stayed its implementation, the original 2014 government resolution was never formally withdrawn. This oversight created administrative ambiguity over the years, leading to sporadic applications for caste or validity certificates under the SBC-A category.
The Maharashtra government has clarified that the latest GR is intended to eliminate this ambiguity by formally cancelling all decisions and communications associated with a quota that lacks legal standing.
Key Provisions of the New Government Resolution
The new directive encompasses several critical measures:
- Cancels the 2014 GR that granted five per cent reservation to Muslims
- Nullifies all circulars and administrative instructions related to the quota
- Stops issuance of caste and non-creamy layer certificates under the SBC-A category
- Declares all pending or future claims under this category invalid
The government has emphasized that no existing benefits are being withdrawn, since the quota was never operational in practice.
Opposition Criticism and Political Reactions
Congress leaders have strongly condemned the move, contending that even if the quota was legally stalled, formally scrapping it sends a political message of exclusion.
Mumbai Congress MP Varsha Gaikwad characterized the decision as "harmful to democracy" and warned that it would push Muslims away from the mainstream. She argued that instead of cancelling the quota, successive BJP-led governments should have explored legally sustainable mechanisms to address backwardness among Muslims.
NCP (SP) spokesperson Crasto asserted that the decision demonstrates that the BJP does not value Muslim leaders within the party and its allies. "It also shows that these Muslim leaders won't get justice from the BJP," he claimed.
