The concept of reservations for deprived Muslims in Maharashtra isn’t new. Within the mid-2000s, nationwide and state panels documented structural limitations that the Muslim neighborhood confronted. The Sachar Committee, led by Rajinder Sachar, a former Chief Justice of the Delhi Excessive Courtroom, submitted a report in November 2006 on the social, financial, and academic standing of the Muslim neighborhood in India. The committee discovered that Muslims fell under nationwide averages on vital socio-economic indicators similar to training, employment, and entry to assets.

In Maharashtra, the report confirmed that the neighborhood had a low illustration in authorities jobs relative to its inhabitants share and was over-represented amongst jail inmates.

Constructing on this, the Maharashtra authorities appointed a committee in 2008, led by Dr Mehmood-ur-Rehman, a retired IAS officer, to review the socio-economic situations of Muslims within the state. The committee submitted its report in 2013, reaffirming the Sachar findings and offering extra detailed proof of instructional and financial disparities.
Appearing on these research, the then Congress-Nationalist Congress Celebration authorities in Maharashtra launched the Maharashtra State Reservation Ordinance, 2014, simply earlier than meeting elections that 12 months.

The ordinance created a brand new class, Particular Backward Class-A (SBC-A), which included practically 50 Muslim subgroups entitled to 5 p.c reservation in authorities jobs and admissions to authorities and government-aided instructional establishments.
Earlier than passing of the ordinance, in June 2014, Vinod Tawde, then the BJP Chief of Opposition within the Maharashtra Legislative Council, criticised the Congress-NCP authorities’s efforts.

“We don’t help reservations primarily based on faith, and the Structure doesn’t enable this,” he stated.

At the moment, the undivided Shiv Sena avoided taking a stance on the matter.

Prithviraj Chavan, then-chief minister of Maharashtra, stated, “The quota for Muslims isn’t religion-based however on the criterion of social and financial backwardness,” and added that, “if anybody approaches the courtroom, we are going to clarify our stance.”

In 2015, after the ordinance expired with out being transformed into laws, former state Congress working committee member Naseem Khan labelled the BJP authorities “anti-Muslim”.

“The CM ought to have labored on changing the ordinance right into a invoice or issued a brand new ordinance. Since no motion was taken, the ordinance lapsed. Now, there will probably be no reservation for Muslims in instructional establishments,” he stated.

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Judicial constraints

The coverage confronted rapid authorized challenges. Petitioners argued that Maharashtra’s general reservation share was already above 50 p.c, the restrict set by the Supreme Courtroom of India in its landmark Indra Sawhney v. Union of India judgment, often known as the Mandal Fee case. They contended {that a} quota favouring one non secular neighborhood was additionally constitutionally questionable.

In Shri Sanjeet Shukla vs The State of Maharashtra and three Ors, the Bombay Excessive Courtroom, in an interim order dated 14 November 2014, evaluated the constitutional validity of the 2 ordinances issued by the state. The division bench of then-Chief Justice Mohit S. Shah and Justice M.S. Sonak had been listening to petitions difficult Maharashtra Ordinance No. XIII of 2014, which supplied reservation for the Maratha neighborhood underneath the Educationally and Socially Backward Courses (ESBC), and the Maharashtra Ordinance No. XIV of 2014, which supplied a 5 p.c reservation to particular Muslim communities underneath the newly created Particular Backward Class (SBC-A).

Relating to reservation for Muslim teams, the courtroom referred to the Sachar Committee Report and Dr Mehmood-ur-Rehman’s findings, recognising the reviews on evidentiary foundation. It famous that the reviews indicated an “distinctive scenario within the matter of training”, permitting for interim continuation of the 5 p.c reservation in instructional admissions, but it surely didn’t grant ultimate constitutional approval.

The courtroom additionally emphasised that even assuming the Muslim communities involved had been ‘backward’, the state couldn’t exceed the 50 p.c cap in public employment. Thus, the ordinance was allowed to function solely on an interim foundation in training, however was suspended within the public employment area till a ultimate listening to.

Citing Indra Sawhney, the Supreme Courtroom bench had reiterated that reservation “mustn’t usually exceed 50 p.c” and may exceed this restrict solely in extraordinary conditions supported by quantifiable information. It concluded that whereas restricted leisure is perhaps allowed for instructional admissions, the “50 p.c ceiling” couldn’t be breached in public employment, even for minority communities thought-about ‘backward’.

By no means a legislation

The proposal for 5 p.c reservation for particular Muslim communities in Maharashtra did not change into a binding legislation—largely as a result of it was launched by way of an ordinance somewhat than a legislation handed by the state legislature, and the ordinance lapsed after the change in authorities in late 2014.

Ordinances are short-term government actions which a legislative act should change inside a set timeframe. As soon as the state legislature reconvenes, the federal government has a most of six weeks to move the ordinance in each Homes. If this doesn’t occur, the ordinance mechanically lapses.

In Maharashtra, the federal government modified after the 2014 elections. Congress-NCP misplaced energy, and the incoming BJP-led authorities didn’t act to transform the ordinance into legislation. This left it open to authorized and administrative uncertainty.

Moreover, the excessive courtroom’s order was interim, which meant the matter was by no means conclusively settled. With out a ultimate judgment affirming the coverage or a brand new legislation transforming it inside constitutional boundaries, the quota remained in authorized uncertainty and didn’t crystallise into a totally operational, everlasting reservation framework.

Politics & reservation

Politically, the measure lacked continuity and consensus. The BJP-led authorities underneath Devendra Fadnavis maintained that religion-based reservation was constitutionally untenable and that any affirmative motion should be rooted strictly in backwardness standards inside present constitutional frameworks.

In 2018, the undivided Shiv Sena joined the Congress-NCP refrain, insisting on a Muslim quota amid conflicts with its then ally, the BJP.

In November 2018, then chief whip of the occasion within the Maharashtra legislative meeting, Sunil Prabhu, informed ThePrint, “Muslims are part of this nation. They’ve been demanding reservations for the neighborhood’s betterment. If Shiv Sena is lending a voice to their demand in order that the poor and oppressed get higher alternatives, what’s mistaken with that?”

Wanting again on the 2014 proposal, in 2020, Devendra Fadnavis, then-leader of the opposition within the state meeting, stated, “The fundamental premise on which the Congress-NCP regime gave Muslims reservation was shaky. There have been two variations: both the quota is appropriate—in each jobs and training—or it’s legally and constitutionally legitimate. If the legislation doesn’t conform to those parameters, it will by no means be acceptable.”

Greater than a decade after the unique ordinance, on 17 February 2026, the Mahayuti authorities issued a contemporary Authorities Decision (GR) formally cancelling all earlier choices and circulars linked to the 2014 Muslim quota framework and ending the issuance of caste and validity certificates underneath the now-defunct SBC-A class.

All India Majlis-e-Ittehadul Muslimeen (AIMIM) Celebration Maharashtra President Imtiaz Jaleel took to X Wednesday, saying, “Maharashtra govt publicizes Ramadan reward for Muslims by scrapping 5% reservation in training. This was given after the HC famous that the training dropout price was highest amongst Muslims. However nonetheless, we are going to inform our girls and boys to not go away training. Padenga India to Badega India!”

Former state Congress working committee member Naseem Khan alleged that the ruling Mahayuti coalition had dedicated an injustice. Chatting with reporters in Mumbai Wednesday, Khan stated, “The following Devendra Fadnavis authorities didn’t take the method ahead, and even after the Bombay Excessive Courtroom granted interim reduction for five p.c instructional reservation, its full legislative backing was by no means ensured.”

Maharashtra State Minority Fee Chairman, Pyare Khan, informed ANI, “The earlier authorities didn’t give it (reservations) in any respect. The earlier authorities had simply introduced an ordinance. The place was it carried out as a legislation?”

He additional requested, “If it had been carried out, then the reservation wouldn’t have been cancelled, and the federal government didn’t do something. The Social Justice Division of Maharashtra has a traditional process.”

“The Sachar and Mehmood-ur-Rehman reviews point out situations of Muslims of their occasions. If the situations had been so dangerous again of their day, they need to have carried out work again then. However they solely centered on politics and gathering votes at the moment. The place did they work to uplift the Muslims?” he added.

(Edited by Madhurita Goswami)

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