Maratha Quota Standoff: Why Jarange’s Demands Face a Legal Roadblock

Manoj Jarange’s latest indefinite hunger strike over Maratha reservation has exposed a difficult legal balancing act for the Maharashtra government. His demands centre on recognising eligible Marathas as Kunbis, issuing Kunbi certificates based on historical records, and extending the reservation benefits available to Other Backward Classes (OBCs).

The government has already taken steps in this direction. A committee headed by Justice Sandeep Shinde has examined historical records for evidence of Maratha-Kunbi links, and certificates have been issued to eligible applicants. The state has also enacted a separate 10 per cent Maratha quota under its 2024 Socially and Educationally Backward Classes (SEBC) law. That law remains under constitutional challenge before the Bombay High Court.

The principal obstacle is the Supreme Court’s 2021 judgment in the Maratha reservation case. The court struck down Maharashtra’s earlier Maratha quota, finding it breached the 50 per cent reservation ceiling and found no exceptional circumstances. The ruling remains a major legal constraint on any attempt to create a broad additional quota.

Jarange’s Kunbi route is legally distinct from creating a fresh Maratha quota. If historical records establish that particular individuals genuinely belong to the Kunbi community, authorities can process their caste claims under applicable rules. But granting Kunbi status across the Maratha community without adequate documentary or genealogical verification could face legal challenges and affect OBC beneficiaries.

The government therefore cannot simply promise a blanket OBC reservation through political negotiations. Chief Minister Devendra Fadnavis has stressed that only constitutionally and legally viable demands can be considered, while Deputy Chief Minister Eknath Shinde has urged a constructive approach.

This legal caution helps explain why Jalna Collector Ashima Mittal’s meeting with Jarange failed to end his fast. Mittal outlined government measures, but Jarange rejected the explanation, arguing that his demands require state-level decisions. He wants immediate action on Kunbi certificates, gazette-based claims and other demands rather than mere administrative assurances.

With his health deteriorating, the government faces mounting pressure to negotiate, but any settlement must withstand judicial scrutiny.