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Maratha Reservation In Maharashtra: A Study Of The SEBC Act 2024 Through Historical Judicial Precedents




Asst. Prof. Abhijit Mahadeo Chavan, New Law College, Mumbai


ABSTRACT


The Maharashtra State Reservation for Socially and Educationally Backward Classes (SEBC) Act, 2024, reignited robust debates regarding the boundaries of affirmative action, equality, and justice in India's constitutional framework. This paper critically analyses the Act's constitutionality, particularly considering the Supreme Court’s reservation ceiling and evolving judicial approaches. Drawing from historical roots tracing the trajectory from the Varna system, British policy, and early reform initiatives the study illuminates how caste and class politics have shaped reservation demands. Employing doctrinal analysis, it examines the shifting identity and entitlement of the Maratha-Kunbi cluster, evaluates key commissions (Kalelkar, Bapat, Gaikwad, Shukre), and reviews the empirical data supporting the Maratha community's claim for SEBC status.


Central to the research is an assessment of evolving jurisprudence, notably the Indra Sawhney (1992) and Jaishri Patil (2021) cases, which established the 50% reservation ceiling and criteria for backwardness. The paper interrogates whether the SEBC Act justifiably exceeds this ceiling, weighing the adequacy of evidence and the principle of “extraordinary circumstances.” Comparative studies explore Maharashtra’s approach vis-à-vis other states such as Tamil Nadu, Rajasthan, Andhra Pradesh, and Karnataka, contrasting their legal and political strategies to extend reservations. The analysis concludes that while the SEBC Act 2024 addresses contemporary social disparities, its constitutional sustainability remains questionable given the Maratha community’s political and economic dominance and deficits in empirical justification. Recommendations highlight the need for robust data, targeted welfare programs, sub-categorization, and constitutional adherence to ensure that affirmative action serves genuinely marginalized groups rather than powerful social blocs.


Keywords: Maratha Reservation, SEBC Act 2024, Constitutional Law, Affirmative Action, Judicial Precedents, Creamy Layer



Indian Journal of Law and Legal Research

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Abbreviation: IJLLR

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ISSN: 2582-8878

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Website: www.ijllr.com

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Accessibility: Open Access

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License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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