Supreme Court flags inequity in reservation system, calls for broader inclusion | cliQ Latest

Reservation in India has turned into a contentious and layered issue, with concerns being raised over its inclusivity and implementation. In a significant observation during a hearing on OBC reservations in Maharashtra local body elections, Supreme Court judge Justice Surya Kant compared the reservation system to a train compartment where those already inside are reluctant to allow others in. His remark has ignited fresh debate around how reservation is currently functioning and whether it truly serves the purpose of equitable representation.

Stalled Local Polls in Maharashtra Due to OBC Quota Dispute

The case that prompted Justice Kant’s comments revolves around the long-pending local body elections in Maharashtra, which have been delayed since 2016-2017. The core issue stems from the legal battle over implementing a 27% quota for Other Backward Classes (OBCs). In 2021, the Supreme Court had struck down a state ordinance granting this reservation, citing the failure to meet a three-tiered test: the need for a dedicated commission to gather empirical data, the specification of proportionate reservation based on that data, and ensuring that the total reservation (including SC/ST and OBCs) does not exceed the 50% cap.

Since then, delays in data collection and litigation have blocked the path to elections. Advocate Indira Jaising, representing the petitioner, pointed out that although the OBCs were identified during delimitation, the state was not utilizing that data for the elections. She accused the government of bypassing democratic norms by running local bodies through selected officials without electoral mandates.

Judiciary Questions Narrow Access to Reservation Benefits

Adding to the debate, advocate Gopal Sankaranarayanan argued that within the OBC category itself, there needs to be a further classification to distinguish the socially and politically backward. Justice Surya Kant, responding to the discussion, emphasized that reservation should serve the most deprived sections and not be monopolized by a few dominant groups. He stressed that governments are constitutionally obligated to identify and include all genuinely backward classes, economically and socially, in the benefits of affirmative action.

Justice Kant’s remarks echo a similar metaphor used earlier by Justice BR Gavai, who had endorsed the idea of sub-classification within SC/STs. He had compared the situation to passengers in a general train compartment who, after managing to enter, do everything possible to block others from boarding.

The remarks gain added significance as the central government prepares to include caste-based data in the next Census—a move seen as a step toward more targeted and inclusive policy making.

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