6 months ago
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Chief Justice of India Surya Kant remarked connected Tuesday (November 25, 2025) that nine indispensable not beryllium “divided” connected caste lines, aft a submission was made astir the Union Government’s announcement connected conducting a caste census.
“Whatever we do, I deliberation we should not disagreement nine connected caste lines,” Chief Justice Kant observed orally.
The apical justice was responding to a submission by elder advocator Indira Jaising astir the government’s announcement of a caste census.
“There has been nary caste census aft 1931. That was the past one. The Government of India has announced a caste census precisely to ascertain the percent of the Other Backward Classes (OBC) successful the population. This is applicable for Part IX of the Constitution [local self-governance successful agrarian India],” Ms. Jaising said.
Quota successful section bodies
The authorities had announced that caste enumeration would beryllium a portion of the adjacent Census successful March 2027. The oral remark from the CJI came towards the extremity of a proceeding successful which the Bench was considering the contented of governmental preservation for OBCs successful section bodies scheduled to spell to polls successful Maharashtra.
Contentions were made successful tribunal that reservations successful 57 retired of a full 288 municipal councils and nagar panchayats going to canvass connected December 2 exceeded the 50% threshold acceptable by a Constitution Bench successful K. Krishna Murthy v. Union of India.
The Maharashtra State Election Commission, represented by elder advocator Balbir Singh, acknowledged the breach of the 50% cut-off successful the 57 seats.
However, Chief Justice Kant orally said the tribunal would inactive let the elections to beryllium held. “The 57 seats would beryllium taxable to the result of these proceedings. Any further predetermination which you [Election Commission] notify indispensable comply with the 50 per cent ceiling,” the CJI observed.
Elections person not yet been notified successful 32 zilla panchayats, 29 municipal corporations and implicit 330 panchayat samitis successful Maharashtra.
Grassroots revival
“Institutions astatine the grassroots level person to beryllium revived. People are not getting their representatives [in the section bodies]. All of them are being tally by bureaucrats. We volition let the predetermination to beryllium held,” Chief Justice Kant clarified wherefore the polls should spell ahead.
The section assemblage elections successful the State person been stalled since 2022 owed to litigation implicit the implementation of the OBC reservation.
The CJI, portion listing the lawsuit connected November 27, assured the tribunal would devise a “workable arrangement” by which the elections could beryllium held aft “ironing retired the creases” done an interim order. It besides asked the State Election Commission to supply a wide sketch of the percent of OBCs successful the 57 section bodies.
Senior advocator Vikas Singh, for petitioners Rahul Ramesh Wagh and others, argued the State was holding elections arsenic per the 2022 JK Banthia Commission report, which had recommended a 27% quota for OBCs. “If this happens, the aggregate preservation would spell up to 70%,” helium said.
Ms. Jaising, connected the different hand, said the OBC communities should not beryllium deprived of proportionate governmental representation.
“OBCs indispensable get capable representation, but is it happening astatine the outgo of everyone being ousted oregon is it that they tin beryllium accommodated, and others tin besides beryllium reasonably accommodated. We request to spot however to equilibrium this,” the CJI told the State Election Commission.
The Bench said it would look into whether the “grey areas” astir the 50% cut-off connected preservation successful section bodies’ elections ought to beryllium referred to a Constitution Bench. The tribunal asked whether “service jurisprudence” ought to beryllium applied to elections.
