Ashok Chavan, the Congress leader and Minister for Public Works who heads the cabinet sub-committee on Maratha reservation, tells VISHWAS WAGHMODE about the issues affecting implementation of Maratha reservation, the reasons for setting up a separate backward classes commission for the Maratha community, and the steps being taken by the government to ensure the swift implementation of reservation benefits to the community.
Q. The state government has recently announced setting up of a separate backward classes commission for the Maratha community but questions have been raised on its legality stating whether such a commission can be set up when a backward class commission is in existence. Your comment.
These fears are unfounded. We have carefully examined the issue before taking a call. The Supreme Court judgment regarding OBC quota categorically said there should be a dedicated commission for deciding the quota. So, the existing backward class commission is only for OBC quota. As far as the Maratha issue is concerned, the Indra Sawhney judgment has already been reiterated in the apex court stating that the 50 per cent upper limit of reservation can’t be exceeded. Moreover, the social and educational backwardness of the community has to be established by proper reasoning. So, this exercise requires an in-depth analysis of social and educational backwardness, which is why a separate backward class commission has to be established. The Advocate General of the state suggested setting up a separate commission for the Maratha issue. So, legally we are on the right track and I don’t see any problem.
Q. Why did it take so long for the government to appoint a separate commission even when the SC scrapped the Maratha quota in May last year?
After SC judgment setting aside the Maratha reservation, we had asked retired chief justice Dilip Bhosale to suggest the way forward. Of the several recommendations made by the Bhosale-led committee, filing of the review petition was suggested and it has been pending before the SC for 6-7 months. The committee said that after the SC decides on the review petition, then only the state should proceed with the backward class commission matter. Now, as the people are restless and the issues need to go forward in the wake of SC judgment, the backwardness has to be decided and social factors have to be examined. The report of the Gaikwad Commission, which was set up by the previous BJP government, has been rejected by the SC due to flaws and issues in it. Now, we have to start the procedure afresh to decide the social and economic factors and to find the solutions on how to decide the backwardness of the community. This has to be done by a separate commission. At the same time, we are moving the SC by mentioning to decide on the issue as early as possible.
Q. The SC, in its judgement referring to Indra Sawhney’s order, has said the backward class community should be in “far-flung and remote areas” to meet the social test and to receive reservation. How is it likely to be fulfilled by the state government for the Maratha community, which is in the mainstream in the state?
This has been a rather wrong perception that all Marathas are not backward and they are a forward community. In our arguments before SC, we have pointed out how the community has a lot of social issues, backwardness still prevails in large parts of the state and not the entire community is affluent and rich enough. This issue has been going on for the last 15-20 years and the issue has not been raised suddenly. Mostly, the Maratha community is dependent on farming for their livelihood. Because of farmers’ suicides, natural calamities and their financial implications on the Maratha community, this is a fit case where the community deserves some sort of reservation to bring them into the mainstream. So, the perception itself is wrong that the community is not backward.
Q. The government has proposed two bills for ensuring OBC quota on the lines of the Madhya Pradesh government. Do you think it will hold the scrutiny of law in court?
While Madhya Pradesh’s law has been in force since the 1990s, Karnataka has enacted legislation recently. On these lines, we feel that the state government on its own competence can decide on the delimitation issue in all the local bodies. Since other states have done it and there is no problem with that, I don’t see any problem.
Q. You had said in the Legislature last year that the decision on the Shivaji Memorial project will be taken after rectifying the issue raised in the various litigations and by the CAG. What is the current status of it?
The Supreme Court stayed the project and the matter has been referred back to the High Court. Some environmentalists have gone to the HC on a number of environmental issues and we have answered every query. So, whenever the matter comes up for hearing in HC, we will argue. Once the decision is taken by the HC, things will be clear. The entire project was cleared by the earlier government but it seems there are some flaws. It is the irresponsibility of the earlier government. Had these issues been examined at that stage, we wouldn’t have gone through this embarrassment.
Q. There has always been a complaint of the Congress leaders and legislators that adequate funds are not being allocated to them and their departments. How can this issue be addressed?
Of course the three-party government is bound to have some hiccups here and there. I don’t think it is a major issue. Whenever such problems such as allocation of funds for carrying out various developmental activities have arisen, we have rectified those. When the Congress ministers and legislators met Chief Minister Uddhav Thackeray, he assured us that he would look into the issues and try to overcome them. I am hopeful that it can be resolved.
Q. Recently, the ED arrested cabinet minister Nawab Malik in connection with a money laundering case. Also, Sena leaders have alleged harassment by central agencies. What do you say about it?
Ten-fifteen years ago, the ED and CBI were hardly in the limelight. Of course, they were functional but not in this big way. Every second day, more than the local police stations, we hear about (actions of) ED, CBI and other agencies. Well, I do respect the law of the land. But, the general perception which is coming up is that there is some political motive behind it. Because the people targeted are from the government or ruling party side and none other. I don’t see any threat to the government as such. These are the hiccups while working in the present system. And we are getting used to this system.