Why a Caste Census Is Crucial for Maratha Reservation?

Caste-based Maratha reservation exposes Maharashtra’s evolving political dynamics, resurfacing as both a legal and an electoral strategy.

Ideally, elections in a democracy should focus on development, education, agriculture, and good governance. However, in Maharashtra—especially in rural areas—local polls are often driven by caste politics rather than real developmental issues. This undermines democratic progress, social harmony, and merit-based leadership.

The leap year of 2024 was marked by major elections in Maharashtra, with both Lok Sabha and Assembly polls dominated by the volatile demand for Maratha reservations. With local body elections ahead, caste-based reservation demands are expected to intensify further.

Reservation politics have major social implications, and the Maratha quota demand is no exception in Maharashtra. For decades, it has fuelled political debates and mass movements. In 2024, ahead of elections, the State Government granted Marathas—around a third of them—a 10 per cent reservation in education and jobs. The law is now under Constitutional Court review.

Despite these efforts, Maratha leader Manoj Jarange has given the government a deadline of 6 June 2025 to fulfil key demands—chiefly, the blanket issuance of Kunbi certificates to Marathas for inclusion in the OBC category. Failing this, he has threatened an indefinite hunger strike in Mumbai starting August 2025. This development, along with potential counter-demands from OBC groups, could significantly impact the state’s political climate ahead of the upcoming local body elections.

The legal position

The legal battle over the Maratha reservation has been a rollercoaster with several twists. In 2019, the Bombay High Court upheld the SEBC Act, 2018, granting Maratha reservation. However, in 2021, the Supreme Court struck it down, ruling that it breached the 50% cap on reservations. In 2024, the Shinde-led government passed a new SEBC law granting a 10% quota to Marathas, but this too is currently under High Court scrutiny.

With local body elections approaching, the issue is expected to resurface. Notably, many Marathas still lack access to education and employment. It is therefore essential for the state government to gather the necessary data to establish the community’s social and economic backwardness, enabling reservation within the constitutional framework.

The Kunbi tag?

Kunbis, an agricultural community mainly in Maharashtra, Goa, Karnataka, and parts of Gujarat, are concentrated in Marathwada and Vidarbha. Though distinct, they are often seen as a subgroup of Marathas—while all Kunbis may be Marathas, not all Marathas are Kunbis.

The Kunbi’s identity dates back to Maharashtra’s formation. In 1979, the Second Backward Classes Commission recognised Marathas as a forward caste. A request to include Marathas, with Kunbis, on the Central Backward List was rejected after detailed hearings, as they weren’t deemed socially backward.

Class within a class

For any community to be recognised as a backward class, it must be socially and educationally disadvantaged. The Maratha community, particularly in western Maharashtra, has long held influence in politics, administration, sugar cooperatives, and educational institutions. Despite these advantages, many within the community claim to lack access to education and employment.

Conversely, Kunbis from Marathwada and Vidarbha are recognised as socially and educationally backward and are already included in the OBC list. This raises a key question: can all Marathas holding Kunbi certificates be classified as OBC, even if they enjoy a sound socio-economic and educational status?

Under Article 16(4) of the Indian Constitution, the State may make provisions for communities inadequately represented in public services. However, given the strong presence of Marathas in state services, granting blanket OBC status to all Marathas with Kunbi certificates would challenge the constitutional principle of genuine social and educational backwardness.

Is caste alone enough?

Article 15(4) of the Indian Constitution empowers the state to make special provisions for the advancement of socially and educationally backward classes. However, current demands for the Maratha reservation often hinge on economic grounds. A plain reading of Articles 15(4) and 16 shows no mention of economic backwardness as a criterion. To include 'economically backward' groups, a constitutional amendment would be required, raising complex debates on the Constitution’s basic structure.

The Supreme Court’s landmark Indira Sawhney judgement clarified that caste, not solely economic status, defines backwardness under Article 16(4). Economic criteria alone cannot justify a reservation. This distinction between 'caste' and 'class' risks reinforcing entrenched caste identities, particularly in rural Maharashtra, where caste still shapes access to education and employment.

Many landless or marginal Maratha farmers in Marathwada and Vidarbha are socially and educationally backward. The state should prioritise its SEBC inclusion, with or without Kunbi certificates, based on verifiable data.

Maratha reservation is as political as it is legal, often resurfacing during elections to sway voters rather than drive real progress. Without solid data, lasting reform is unlikely. A caste-based census in Maharashtra is vital to assess true backwardness and shape a fair policy.

(The writer is a lawyer practicing in Mumbai. View personal.)