7 months ago
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The Madhya Pradesh Government has urged the Supreme Court to dainty the 50% headdress for preservation arsenic “flexible”, permitted to beryllium overlooked successful “special situations”, portion seeking the validation of a instrumentality which enhances quota for Other Backward Classes (OBC) from 14% to 27% successful State services.
The Madhya Pradesh State instrumentality breaks the 50% preservation ceiling established by a nine-judge Constitution Bench of the Supreme Court successful the Mandal Commission lawsuit 33 years ago.
The State has argued that the summation successful OBC preservation was indispensable to combat “entrenched societal isolation and exclusion” faced by much than fractional its population. It said adjacent the Supreme Court, connected galore occasions, had termed the 50% bounds connected preservation much of a “flexible guideline” than an immutable Constitutional bar.
The contented triggered by Madhya Pradesh has gathered momentum, with Chhattisgarh besides moving the Supreme Court. Some of the districts successful Chhattisgarh let 85% reservation.
Madhya Pradesh contended that grinding poverty, and intergenerational marginalisation among the 94 OBC castes and sub-castes successful the State signifier an “exceptional situation” successful which the court’s 50% bounds indispensable beryllium breached to supply payment and equality to the deprived sections of society.
Explained | Should reservations transcend the 50% cap?
A Bench headed by Justice P.S. Narasimha has agreed to analyse the legality of Section 4 of the Madhya Pradesh Lok Seva (Reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes) Amendment Act, 1994 arsenic amended successful 2019. The proviso has accrued the OBC quota to 27%.
The apex tribunal took suo motu action and ordered respective petitions, including the pb 1 filed by Shivam Gautam, represented by advocator Prathvi Raj Chauhan, pending successful the Madhya Pradesh High Court, to beryllium transferred to itself for an authoritative pronouncement. The lawsuit is listed for proceeding connected October 8.
The State, represented by advocator Mrinal Gopal Elker, said the prolonged litigation successful the High Court implicit the validity of the 2019 amendment has blocked recruitments to 12 departments of the authorities since 2022. The tribunal listed the lawsuit urgently for October 8.
The Government submitted that the 2011 Census successful Madhya Pradesh revealed Scheduled Castes constituted 15.6%, Scheduled Tribes 21.1%, and OBC “more than 51% of the full population”.
“The disadvantaged communities collectively comprise implicit 87% of the State’s population. Yet, OBCs were earlier confined to lone 14% reservation, which is wholly disproportionate to their demographic stock and their existent acquisition and societal backwardness. Hence, the enhancement to 27% is simply a constitutionally mandated corrective step,” the Madhya Pradesh authorities reasoned successful its affidavit.
The State besides referred to reports by the Madhya Pradesh Backward Classes Commission, which reaffirmed that the 94 OBC castes/sub-castes were “still engaged predominantly successful traditional, menial, and agriculture-related occupations, reflecting their continuing marginalisation”.
The Mahajan Commission appointed by the Congress authorities successful 1980 had recovered “severe societal discrimination, including segregation successful seating and nutrient practices. Around 90% lived successful kutcha houses with mediocre facilities… Politically, OBC practice successful the Legislative Assembly remained beneath 16%, and communities… OBC practice was lone 8.241% crossed each classes… Despite constituting 48.08% of the colonisation (1981 Census), OBCs remained grossly underrepresented successful education, authorities services, and governmental institutions”. The State reminded that the Mahajan Commission had recommended 35% preservation for OBC successful the State, importantly higher than the 27% quota nether challenge.
The State justified that caller judgments of the apex court, including successful the Jaishri Lamanrao Patil case, had allowed exceptions to the 50% ceiling “upon objection of peculiar circumstances”.
“Special situations mightiness necessitate going beyond 50%, provided the State demonstrates compelling and bonzer circumstances. In specified cases, strict scrutiny is warranted, but relaxation is Constitutionally permissible,” the State of Madhya Pradesh submitted.
