Maharashtra scraps 5% Muslim reservation, a decade after legal invalidation
Maharashtra has formally cancelled the 5% reservation for Muslims in government jobs and educational institutions. This decision, issued via a Government Resolution on February 17, 2026, revokes a 2014 ordinance that had granted this quota. The ordinance had lapsed in December 2014 due to failure to be enacted into law and was subsequently invalidated by court rulings, rendering the reservation inoperative for over a decade.
Key Highlights
- Maharashtra government formally cancelled the 5% Muslim reservation.
- The 2014 ordinance granting the reservation had lapsed and was legally invalidated.
- The cancellation is largely a procedural move, as the reservation was inoperative for years.
- Opposition parties have criticized the decision as 'anti-minority'.
- The reservation was intended for specific socially and educationally backward Muslim communities.
- A similar 16% reservation for Marathas was also introduced in 2014.
The Maharashtra government has officially cancelled the 5% reservation for Muslims in government jobs and educational institutions through a Government Resolution (GR) issued on February 17, 2026. This move formally revokes a 2014 ordinance that had introduced this quota, classifying Muslims under the Special Backward Class-A (SBC-A) category. The reservation was intended for specific socially and educationally backward Muslim communities, comprising largely occupational and artisan groups, and was part of a broader ordinance that also included a 16% reservation for the Maratha community.
The introduction of the 5% reservation in July 2014 was made by the then Congress-NCP government via an ordinance, just ahead of the state assembly elections. However, the ordinance faced immediate challenges. The Bombay High Court stayed its implementation in November 2014. Furthermore, the ordinance failed to be converted into law by the state legislature before the deadline of December 23, 2014, causing it to lapse automatically. Subsequently, the Supreme Court also set aside the quota while deciding a Special Leave Petition, effectively rendering the provision inoperative for over a decade.
Despite the ordinance's lapse and the court's orders, the original Government Resolution from 2014 was never formally rescinded until now. The recent GR is largely seen as a procedural step to remove administrative ambiguity and formally cancel all decisions and communications linked to a quota that had no legal standing for years. The government has stated that this move does not withdraw any existing benefits, as the quota was never effectively implemented.
The cancellation has drawn sharp criticism from opposition parties, including the Congress and NCP (SP), who have accused the BJP-led government of being 'anti-minority' and unjust to backward Muslims. Leaders like Clyde Crasto of NCP (SP) have stated that the decision indicates the BJP does not value Muslim leaders within its ranks or among its allies. Conversely, some leaders have defended the move, with Social Justice Minister Sanjay Shirsat suggesting the 2014 announcement was a political appeasement tactic ahead of elections, lacking proper legal procedure.
The historical context of Muslim reservation in Maharashtra dates back to notifications in 1902 by Rajarshi Shahu Maharaj, who provided reservation to the Muslim community as a Backward Class. Later, the Sachar Committee report in 2006 also recommended measures for the overall development of the Muslim community in education and state services. The 2014 ordinance aimed to address perceived socio-economic disparities within certain segments of the Muslim community, not the entire community. The legal challenges and the subsequent lapse of the ordinance meant that the reservation in education, which the Bombay High Court had partly upheld, also ceased to operate. The current government resolution formally revokes all directions and administrative processes linked to the earlier policy, bringing a definitive end to the decade-old, legally defunct reservation provision.
Frequently Asked Questions
When was the 5% Muslim reservation introduced in Maharashtra?
The 5% reservation for Muslims in Maharashtra was introduced in July 2014 through an ordinance by the then Congress-NCP government.
Why was the 5% Muslim reservation cancelled?
The ordinance granting the reservation lapsed in December 2014 as it was not converted into law by the state legislature. It was also challenged in the Bombay High Court and later invalidated by the Supreme Court, rendering it inoperative for over a decade. The recent cancellation is a formal revocation of the old, legally defunct Government Resolution.
Was the 5% Muslim reservation ever implemented?
No, the 5% Muslim reservation was never effectively implemented due to legal challenges and the lapse of the ordinance. The recent government resolution formally cancels a provision that was already inoperative.
What was the Special Backward Class-A (SBC-A) category?
The SBC-A category was created in 2014 by the Maharashtra government to include specific socially and educationally backward Muslim communities for the purpose of reservation. The 5% quota was allocated under this category.