May 6, New Delhi: On Tuesday, the Supreme Court of India made a poignant observation regarding the nation’s reservation system, likening it to a train compartment where those already inside resist the entry of others. This metaphor underscores the challenges of inclusivity and the resistance from established beneficiaries to share affirmative action benefits with other deserving groups.
The Supreme Court has emphasized that when the principle of inclusivity is upheld, it becomes the state’s responsibility to identify and support various disadvantaged groups, be it socially, politically, or economically backward classes.
The Court questioned why benefits should remain confined to specific families or classes, highlighting the need for broader inclusion. These remarks we made in the hearings that concerned the Other Backward Classes (OBC) reservations in Maharashtra’s local body elections. The Supreme Court had previously invalidated the state’s ordinance that provided a 27% reservation for OBCs, citing the absence of a mandatory “triple test”- a set of criteria established to ensure that reservations are based on empirical data and do not exceed the 50 % cap set by the Constitution.
The “triple test” requires:
- Establishing a dedicated commission to conduct a rigorous empirical inquiry into the nature and implications of the backwardness of the class in question.
- Specifying the proportion of reservation required in each local body based on the commission’s recommendations.
- Ensuring that such reservations do not breach the overall 50% ceiling of total reservations.
The Court found that Maharashtra had not fulfilled these conditions and directed the State Election Commission to reclassify the 7% OBC-reserved seats as general category seats and proceed with the elections accordingly.
In response, the Maharashtra government appointed the Banthia Commission, which conducted a comprehensive survey and submitted a 781-page report. Based on this report, the Supreme Court later allowed the reinstatement of the 27% OBC reservation in local body elections, acknowledging the state’s compliance with the required criteria.
The Supreme Court’s observations and directives highlight the delicate balance between ensuring fair representation for backward classes and adhering to constitutional mandates. The Court’s insistence on empirical data and adherence to established criteria aims to prevent arbitrary reservations and promote genuine inclusivity.
This development has significant implications for the political landscape, especially in states like Maharashtra, where caste-based reservations play a crucial role in local governance. It underscores the importance of data-driven policies and the need for continuous evaluation to ensure that affirmative action serves its intended purpose without compromising constitutional principles. Keep Reading Questiqa.in for more news.
