A committee headed by former Chief Justice of the Allahabad High Court Dilip Bhosale, which was formed to study the Supreme Court's order striking down quota for the Maratha community in Maharashtra, has submitted its report to Chief Minister Uddhav Thackeray on Friday.
"A committee of legal experts headed by former Allahabad High Court Chief Justice Dilip Bhosale was constituted to study the 570-page judgement of the Supreme Court in the Maratha reservation case and make recommendations on further legal options," tweeted Maharashtra Home Minister Dilip Walse-Patil.
"After a thorough study, the committee submitted its report to Chief Minister Uddhav Thackeray and Chairman of the Cabinet Sub-Committee Ashok Chavan. On behalf of the Cabinet Sub-Committee, we thank this expert committee for submitting the report in record time," he added.
The eight-member committee also included former state advocate general Darius Khambata, senior advocate Rafique Dada and a few serving and former government officials.
In its 130-page report, the committee headed by former Chief Justice Allahabad High Court Dilip Bhosale said it is of the opinion that the Maharashtra government should file a review petition in the Supreme Court "challenging the opinion/findings on merits expressed by the Supreme Court, both, on the questions of law and merits".
The report said: "As seen from the judgement along with State of Maharashtra, most of the States in the country were represented before the Supreme Court by their respective counsels. It appears that the stand taken by those States which was in line with the stand taken by State of Maharashtra on the issue of 50% celing limit and issue of 102nd amendment has been negated. Thus, an effort can be made to garner collaboration with such States and approach the Central Government to seek suitable constitutional amendment in Article 15(4) and Article 16(4) to dilute the effect of 50% rule laid down in Indra Sawhney’s case."
"If for any reason, it is not possible to garner collaboration with other State Governments, the State of Maharashtra can independently make efforts by calling for special session and pass resolution recommending the Parliament for carrying out appropriate/suitable amendment in the Constitution, more particularly in Articles 15 (4) and 16 (4) to dilute the effect of 50% rule laid down in Indra Sawhney’s case," it added.
Moreover, the Maharashtra govt can also make a reference to the National Commission constituted under Article 338B seeking identification of the socially and educationally backward class of section amongst Marathas, the report further said.
