Patna High Court's Order Striking Down 65 % Reservation Law To Hit Maratha Reservation

The Patna High Court's order on Thursday rejecting the Bihar government’s law breaching the 50 per cent cap on reservations will have implications for the legislation unanimously passed by the Maharashtra legislature granting a 10 per cent quota to Marathas in government jobs and education.

The Maharashtra legislature had passed the law a few months ago for the second time. The earlier law enacted in 2018 was promptly struck down by the Supreme Court. It won’t be surprising if the second law, which is already under challenge before the Bombay High Court, is also struck down on the same ground as the Patna High Court order.

Besides, the Justice Shukre Commission, on the basis of whose report the new law is based, does not appear to have made out the extraordinary circumstances that warrant a breach of the 50 per cent cap on reservations.

The Mahayuti government led by Chief Minister Eknath Shinde has taken a calculated risk by granting 10 per cent reservation to Marathas. This clearly breaches the 50 per cent cap on reservation mandated by the Supreme Court in the Indra Sawhney case on November 16, 1992.

However, the state government appears confident that the bill passed unanimously on Tuesday by the legislature would stand the test of legal scrutiny.= Maratha leader Manoj Jarange Patil has threatened to resume his agitation demanding the inclusion of his community in the OBC quota. However, this move is being opposed by OBC leader Laxman Hake and others, who are already on an indefinite fast in Jalna district.