The Supreme Court (SC), in response to a petition filed by the Maharashtra government, has chosen to reconsider its December 2021 decree that halted reservations for Other Backward Classes (OBCs) in local body elections. The task of assigning OBCs political reservations in upcoming local body elections in Maharashtra has been given to the Backward Classes Commission by the SC.
OBC Reservation in Local Bodies in Various States
The Maharashtra state is not the only one affected by a stay on OBC reservation in local bodies. A similar order was issued to the Madhya Pradesh government in December 2021 by the top court, directing the OBC seats to be notified as a general category due to failure to fulfill the three-test criteria outlined in a 2010 judgement. The Madhya Pradesh government has submitted a parallel application, claiming that 51% of the population belongs to OBCs.
Background Details
In March 2021, the SC commanded the state government to comply with triple conditions: assembling a specialized commission to gather empirical data on the OBC population, outlining the proportion of reservation, and ensuring the cumulative share of reserved seats does not exceed 50% of the total available seats. Following this, the government instituted a dedicated committee for obtaining empirical OBC data and also issued an ordinance granting up to 27% reservation to OBCs in local bodies while maintaining the 50% reservation cap. However, the implementation of this order was blocked by the apex court in December 2021 due to lack of empirical data, compelling the State Election Commission (SEC) to transform the OBC seats into general category and proceed with elections as such.
Maharashtra Government’s Plea
The Maharashtra government argues that the SC’s December order would yield two significant consequences. Firstly, individuals from the OBC community would lose the opportunity of being elected through democratic processes. Secondly, the lack of representation would hamper the development of leadership qualities in these communities and is strictly contrary to the intents of the Constitutional scheme. The state asserts that it has already met two of the three-fold test guidelines and that the reservation in various districts is based on the respective proportions of OBC populations, with no blanket 27% reservation across all districts.
Supreme Court’s Directive
The Supreme Court instructed the Maharashtra government to hand over data concerning OBCs to the MSCBC (Maharashtra State Commission for Backward Classes), which will assess its accuracy and make recommendations regarding representation in local bodies’ elections.
Possible Implications
The most recent SC order heightens the probability of restoration of the OBC quota in forthcoming local bodies polls. The government’s data encompasses various surveys conducted by the state’s rural development department and urban development department within local bodies for sectors like poverty alleviation, health, and education. The government may also reference data from earlier backward classes commissions and the 2011 census.
The 2010 Judgement
In the 2010 case of K. Krishnamurthy (Dr.) v. Union of India, the Supreme Court interpreted Articles 243D(6) and 243T(6) stipulating reservation laws for backward classes in panchayat and municipal bodies. Noting that barriers to political participation differ from those limiting access to education and employment, the court declared that reservation may be desired to create a level playing field, subject to empirical evidence of backwardness relative to local bodies.