Bhosale Commission advises Maharashtra Govt to appoint new Commission regarding Maratha Reservations

 *Maharashtra government advised to appoint new commission to reassess backwardness of Marathas*

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.

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.

What does the report say:

The seven-member committee headed by Justice (retired) Dilip Bhosale has recommended the Maharashtra government to appoint a new commission to reassess the social backwardness of the Maratha community. The committee that scrutinised the 500 plus pages verdict of the Supreme Court denying Maratha reservation has given detailed terms of reference the state should give to the new commission.

To reassess social backwardness in the context of the actual deprived class of Maratha population (non-creamy layer). To re-examine educational backwardness in the context of recent regression of Maratha class," the committee stated in its suggestions for the terms of reference for the new commission.

The committee further stated, "To re-examine social backwardness in the context of recent regression of Maratha class. To re-examine actual percentage of educational backwardness. To supplant aspects of economic backwardness as that arrived by the Gaikwad Commission."

The report that runs into over 130 pages further states that the new commission, if set up, must lay out statistics of the open category population vis a vis Marathas.

"To trace out the actual percentage of forward Maratha class, such as politicians, businessmen, industrialists, professionals and academicians, amongst others, and of socially and educationally backward Marathas. To make a comparative study of earlier backward class commissions for Marathas and its in depth analysis of the shortcomings of such commission reports if any," the report states.

"To consider the difference margin of economic backwardness of Marathas vis a vis other open category EWS ( so as to sub classify/carve out a category). To find out the exact statistics of Marathas in higher services, such as IAS and IPS, in Maharashtra and outside states vis a vis other classes," the report added.

The report further mentioned that the SC didn't consider the ‘pre and post independence backwardness and depression of the Maratha community. The pleadings of Dr Babsaheb Ambedkar in support of the Maratha community considered it as backward.’

"Despite being socially, educationally and economically backward and, otherwise, entitled to the reservation benefits, the erroneous exclusion of the Maratha community since five decades of constitutional equality in itself is an extraordinary situation. Extraordinary backwardness of the Marathwada region was pointed out, wherein the Maratha community has the largest population," the report stated.

The report further states that the SC didn't consider the impact of liberalisation, privatisation and globalisation on agriculture, employment and education in general and in the case of Maratha community in particular was pointed out.

"Thousands of farmers belonging to the Maratha community have committed suicide in the last decade due to agricultural distress caused by the new economic policies and natural calamities," the report stated on extraordinary circumstances.