Supreme Court's Stern Warning on OBC Reservation
The Supreme Court of India issued a strong warning to the Maharashtra government this week, cautioning that it would stay the upcoming local body elections if the state exceeds the 50 percent cap on reservations for Other Backward Classes (OBC). The bench, led by Justice Surya Kant, made it clear that the constitutional mandate on reservation limits must be strictly followed.
The Core Legal Battle and Banthia Commission
At the heart of this dispute lies the report submitted by the Jayant Kumar Banthia Commission. This seven-member panel, established by the Maharashtra government on March 11, 2022, was tasked with collecting empirical data to determine OBC reservation in local bodies. The commission, headed by former chief secretary Banthia, submitted its findings on July 7, 2022, recommending 27 percent representation for OBCs within the total 50 percent reservation ceiling.
The Supreme Court reiterated that OBC reservation should maintain the status quo as it existed before the Banthia Commission report's submission. This position comes after petitioners argued that Maharashtra's new OBC reservation policy would breach the 50 percent ceiling established by the Constitution Bench in the landmark 1992 Indra Sawhney vs Union of India case.
Why Total Reservation Exceeds Permissible Limits
The concern raised before the Supreme Court highlights a significant mathematical problem. Maharashtra's Scheduled Caste and Scheduled Tribe reservations are currently proportional to the 2011 Census data. In districts with substantial tribal populations—including Nashik, Palghar, Nandurbar, Dhule, Raigad, Gadchiroli, Yavatmal and Chandrapur—ST reservation ranges between 14 and 24 percent.
When combined with approximately 12 percent SC reservation in these districts and the blanket 27 percent OBC reservation, the total reservation percentage crosses the 50 percent mark, sometimes reaching as high as 60-70 percent in certain areas.
Election Timeline and Court's Firm Stance
The local body elections in Maharashtra have been stalled for several years due to the OBC reservation impasse. The Supreme Court had initially directed the State Election Commission to notify elections by May 6, emphasizing that democracy at the grassroots level must be respected through periodic elections.
After authorities sought extensions citing reasons including board exams affecting polling booth availability and delays in delimitation exercises, the court granted a one-time concession until January 31, 2026, with a firm warning that no further extensions would be granted.
Elections to 246 municipal councils and 42 nagar panchayats are scheduled for December 2, with the nomination process having concluded on November 17. The Supreme Court will hear the pleas next on November 19, where the Maharashtra government's response to the reservation concerns is eagerly awaited.
