Maharashtra Govt Formally Scraps 5% Muslim Reservation Framework; “Anti-Minority,” Says Opp

Key Points

The Maharashtra government, on 17 February 2026, formally withdrew the administrative framework for 5% reservation of socially and educationally backward Muslims in the state. The original policy was introduced in 2014 under the Socially and Educationally Backward Classes (SEBC) category but was never implemented.

The resolution, moved by the state’s Social Justice Department, revokes the issuance of caste verification and validity certificates under the Special Backward Category-A (SBC-A), which had been created to operationalise the quota. Officials defended the decision, saying that the ordinance granting the reservation had lapsed in December 2014 and was never converted into law.

Government officials have maintained that the decision does not alter the existing ground reality, as the quota had not been operational for over a decade due to legal and constitutional hurdles. Social Justice Minister Sanjay Shirsat defended the move, stating that reservation cannot be granted merely by announcement and must follow due process. He described the 2014 decision as one taken ahead of elections without completing the required legal and administrative steps.

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Muslim Reservation in Maharashtra

The demand for Muslim reservation in Maharashtra dates back to 2008, when the then Congress-NCP government constituted a committee under retired IAS officer Mehmood ur Rahman to examine the socio-economic condition of Muslims in the State. The committee’s 2013 report identified significant disparities and recommended affirmative action. Around 50 identified Muslim communities – largely comprising occupational and artisan groups such as weavers, butchers, oil pressers and fisherfolk – were included.

Acting on these findings, 5% reservation was introduced in July 2014 by the then Congress-NCP government. It granted 16% reservation to Marathas and 5% to backward classes within the Muslim community under the SEBC category.

However, the ordinance was challenged in the Bombay High Court. In November 2014, the court struck down the Maratha quota and set aside the 5% reservation for Muslims in government and semi-government jobs. At the same time, it observed that reservation for Muslims in education was permissible, citing compelling circumstances to exceed the 50% cap for state-run and aided educational institutions.

Before any legislation could be enacted to preserve the educational quota, the ordinance lapsed on 23 December 2014 after the BJP came to power in Maharashtra. While the new government pursued legal remedies related to Maratha reservation, no legislative step was taken to convert the Muslim quota into law. As a result, the reservation ceased to operate.

Despite the lapse, administrative processes for issuing caste and caste validity certificates under SBC-A continued for several years. The latest resolution terminates those processes and formally nullifies all previous directions issued under the 2014 policy.

Under current law, Muslims are not eligible for reservation solely on the basis of religion. However, individuals belonging to Muslim communities that are included in existing Other Backward Classes, Vimukta Jatis and Nomadic Tribes, or other recognised backward class lists continue to be eligible for reservation under those categories.

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Opposition Criticises Resolution Striking Down Muslim Reservation

Former Chief Minister and Congress leader Prithviraj Chavan questioned the timing of the move and asked why the BJP-led government had scrapped the framework when it had long ceased to be functional. He argued that the reservation was not religion-based but targeted backward classes within the Muslim community, similar to the approach taken by the Mandal Commission for other communities. Chavan said that while the ordinance had lapsed, the government could have enacted a law to provide reservation in education, especially since the High Court had been positive on that aspect.

Congress leader Amin Patel described the withdrawal as a setback for efforts to bring Muslim youth into the educational mainstream. He said the issue had been raised repeatedly in the Assembly over the past decade and that reservation in education was essential for inclusive development.

NCP (SP) spokesperson Clyde Crasto termed the move “anti-minority” and alleged that it reflected the ruling party’s unwillingness to support Muslim representation. AIMIM leader Imtiaz Jaleel criticised the decision and questioned its political messaging, though he also urged Muslim youth to continue pursuing education.

Samajwadi Party MLA Raees Shaikh said the resolution was unlikely to have a direct impact because the community had not been receiving reservation benefits. However, he said it sent a political message about the government’s position on Muslim reservation.

[DS]

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