The government of Maharashtra, under the Mahayuti coalition, has officially annulled the five per cent reservation previously granted to Muslims in educational institutions and public sector jobs. The Social Justice Department issued a Government Resolution on Tuesday, rescinding a 2014 order that had allocated this quota to the Muslim community, which had already been legally invalidated over a decade ago.
Background of the Five Per Cent Quota
The five per cent reservation was introduced in July 2014 by the then Congress-NCP government through an ordinance, aimed at addressing perceived socio-economic disparities within certain segments of the Muslim community. Alongside this, a separate sixteen per cent reservation was allocated for Marathas. To avoid classification as a religious benefit, Muslims were categorized under a newly formed Special Backward Class-A (SBC-A) category, which would have allowed access to government jobs, semi-government positions, and educational admissions.
However, the ordinance came under immediate scrutiny. It was challenged in the Bombay High Court, which issued a stay on its implementation in November 2014. Legal arguments contended that reservations predicated on religion conflicted with constitutional tenets and breached the Supreme Court’s ruling limiting reservations to a maximum of fifty per cent.
Legal Complications and Timeline
Following the announcement of the ordinance, it faced several legal challenges. The Bombay High Court’s stay on implementation meant the quota could not be activated until the stay was lifted or the framework modified. Compounding these issues was the ordinance’s procedural requirement: it needed to be transformed into law through legislative approval within a specific time frame. The Maharashtrian legislature failed to act before the deadline of December 23, 2014, resulting in the ordinance’s automatic expiration.
The Supreme Court subsequently upheld the lower court’s position while addressing a Special Leave Petition, thereby reinforcing that the Muslim reservation could not come into force. Consequently, the five per cent quota ultimately remained unutilized in practice.
Rationale for Recent Cancellation
Despite the previous legal setbacks, the original resolution from 2014 had not been formally revoked, leading to administrative confusion over the years. This ambiguity allowed for sporadic requests for caste validity certificates under the SBC-A classification. The Maharashtra government articulated that the latest Government Resolution aims to eliminate this uncertainty by officially nullifying all communications and decisions associated with a quota that lacks legal foundation.
The directives included within the new resolution include the cancellation of the 2014 GR establishing the five per cent quota, invalidation of all related circulars and administrative orders, cessation of issuing caste and non-creamy layer certificates under SBC-A, and a declaration that all pending or future claims under this category are invalid. The government has clarified that no existing benefits are being taken away as the quota was never effectively implemented.
Opposition Response to the Decision
This move has incited strong criticism from opposition parties. Congress leaders argued that although the quota was inactive legally, its formal cancellation conveys a political message of exclusion. Mumbai Congress MP Varsha Gaikwad characterized the decision as detrimental to democracy, claiming it would alienate Muslims from mainstream society. Instead of nullifying the quota, she asserted that the government should have sought legally viable methods to address the socio-economic challenges faced by Muslims.
Nationalist Congress Party spokesperson Crasto remarked that this decision indicates that the Bharatiya Janata Party does not respect the Muslim leaders within their ranks and suggests they will not receive equitable treatment.
