New Delhi: The Mahayutthir government in Maharashtra has officially scrapped 5% reservation for Muslims in employment and education.The Ministry of Social Justice on Tuesday issued a government resolution (GR) canceling the 2014 order that provided 5 per cent reservation to the Muslim community in educational institutions and government and semi-government jobs – a provision that had become legally void more than a decade ago.The reservation was introduced through an ordinance in July 2014, classifying Muslims under the Special Backward Category A (SBC-A) category. However, the policy was challenged in the Bombay High Court and its implementation was stayed in November 2014.What is the 5% Muslim quota?In July 2014, the then Congress government introduced a 5% reservation tax for Muslims through an ordinance. The move, which comes alongside 16 per cent reservation for Marathas, is seen as a response to socio-economic data showing backwardness of various sections of the Muslim community.The quota is not based on religion. Muslims have been classified under a new category, Special Backward Category A (SBC-A), with benefits available for government jobs, semi-government jobs and admissions to educational institutions.The decree was adopted just months before the 2014 parliamentary elections, so it was politically controversial from the start.legal troubleThe decree was challenged in court almost immediately after it was issued. The petitioners argued that reservation on the basis of religion was violative of constitutional principles and the quota was in violation of the 50 per cent ceiling on reservation fixed by the Supreme Court in its previous judgment.In November 2014, the Bombay High Court stayed the implementation of the order. This means that quotas cannot be implemented unless the suspension is lifted or the policy is reformulated.At the same time, the regulation faces procedural hurdles. According to the Constitution, a statute must be passed by the legislature within a specified period of time before it can be converted into law. The Maharashtra state legislature did not pass the ordinance before the deadline of December 23, 2014, resulting in the ordinance automatically lapsed.Subsequently, the Supreme Court effectively upheld the legal position that the quota could not continue while making a special leave application against the High Court order.As a result, the five percent Muslim reservation never came into effect in practice.Why cancel nowAlthough the decree has expired and a court has stayed its implementation, the original 2014 government resolution was never formally withdrawn. Over the years, this created administrative ambiguity with occasional applications for caste or validity certificates under the SBC-A category.The Maharashtra government said the latest GR aims to remove this ambiguity by formally canceling all decisions and communications related to quotas which do not have legal status.What is GR New command:
- Cancellation of 5% reservation granted to Muslims in GR 2014
- Repeal of all quota-related notifications and administrative instructions
- Stop issuing caste and non-cream layer certificates under SBC-A
- Declares all pending or future claims under this category void
The government stressed that since the quotas were never implemented, no existing benefits would be withdrawn.opposition protestCongressional leaders strongly criticized the move, arguing that formally abolishing the quotas would send a political message of exclusion even if they were legally shelved.Mumbai MP Varsha Gaikwad called the decision “harmful to democracy” and said it would push Muslims away from the mainstream. She believes that the successive PPP-led governments should not abolish the quota but explore legal and sustainable ways to address the backwardness of Muslims.NCP (SP) spokesperson Krasto said the decision proved that the BJP does not value Muslim leaders of the party and its allies. “This also shows that these Muslim leaders will not get justice from the BJP,” he claimed.(Institutional investment)
