Mahayuti govt cancels 5% Muslim quota: What was it, why it was scrapped and why opposition is angry | India News

NEW DELHI: Maharashtra’s Mahayuti government has officially scrapped five per cent reservation for Muslims in jobs and education.The Department of Social Justice on Tuesday issued a Government Resolution (GR) revoking its 2014 order that allowed 5 percent reservation to the Muslim community in educational institutions and government and semi-government jobs – a provision that had already become legally invalid a decade ago.Reservation was introduced through an ordinance in July 2014, classifying Muslims under the Special Backward Class-A (SBC-A) category. However, the policy was challenged in the Bombay High Court, which stayed its implementation in November 2014.What was the 5% Muslim quota?The five percent reservation for Muslims was introduced by an ordinance in July 2014 by the then Congress-NCP government. The move came alongside a 16 percent reservation for Marathas and was made in response to socio-economic data indicating backwardness among sections of the Muslim community.Quota is not based on religion. Muslims were classified under a new category, Special Backward Class-A (SBC-A), and benefits were applicable to government jobs, semi-government posts and admission to educational institutions.The ordinance was cleared months before the 2014 assembly elections, making it politically controversial from the start.legal troubleThe ordinance was challenged in court soon after it was promulgated. The petitioners argued that reservation on the basis of religion violated constitutional principles and that the quota violated the 50 percent limit on reservation set by the Supreme Court in earlier judgments.In November 2014, the Bombay High Court stayed the implementation of the ordinance. This means quotas cannot be introduced unless the moratorium is lifted or the policy is reworked.Meanwhile, the ordinance has faced a procedural hurdle. Under the Constitution, an ordinance must be passed by the legislature and converted into law within a specified period. The Maharashtra Assembly did not pass the ordinance before the deadline of December 23, 2014, thereby automatically lapsing it.Subsequently, the Supreme Court, while deciding a special leave petition against the High Court order, effectively upheld the legal position that the quota could not continue.As a result, the five percent Muslim reservation did not materialize.Why cancel now?Although the ordinance was struck down and the courts stayed its implementation, the original 2014 government proposal was never formally withdrawn. Over the years, this has created administrative ambiguity with sporadic applications for caste or validity certificates under the SBC-A category.The Maharashtra government said the latest GR is meant to remove this ambiguity by formally canceling all decisions and communications related to a quota that has no legal standing.What is GR? New Instructions:

As the quota was never in place, the government noted that no existing benefits were being withdrawn.Opposition protestsCongress leaders have strongly criticized the move, arguing that while the quota is legally suspended, formally abolishing it sends a political message of exclusion.Mumbai Congress MP Varsha Gaikwad described the decision as “harmful to democracy” and said it would push Muslims away from the mainstream. He argued that instead of abolishing quotas, subsequent BJP-led governments should have explored legally sustainable ways to address backwardness among Muslims.NCP (SP) spokesperson Crasto said the decision proves that the BJP does not value Muslim leaders in the party and its allies. “It also shows that these Muslim leaders will not get justice from the BJP,” he claimed.(with agency input)