SC Cracks Down on Maharashtra's Excessive Quotas: A 50% Cap on Reservations
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In a significant move, the Supreme Court has sought information on local bodies in Maharashtra where total reservation exceeds the 50% benchmark. The court's order came as it took up a contempt petition against the state government for violating the 2021 judgment that laid down the triple test for reservation in local bodies. According to the judgment, states must conduct a scientific study, determine the quantum of reservation, and ensure that the total reservation of scheduled castes, scheduled tribes, and OBCs does not exceed 50%. However, the state government has been accused of violating this rule. The state government submitted that it is holding consultations with the state poll panel to address the issue. However, the court insisted that the state poll panel provide a list of local bodies where the 50% cap is being breached. The panel agreed to submit a comprehensive list by Friday, when the matter will be heard next. The court observed that local bodies where the reservation exceeds 50% will be subject to the outcome of these proceedings, and the other seats must comply with the 50% criterion. The court also emphasized the importance of the Banthia commission report, which recommended 27% reservation for OBCs in local bodies. The court also heard concerns from OBC petitioners who objected to the 50% cap, which they argued knocks out OBC communities from areas with significant tribal populations. The court observed that a democracy cannot function with the mass exclusion of OBCs and asked the state to be mindful of the presence of OBC communities in each local body area. The court's order is seen as a significant move to ensure that the reservation policy is implemented in a fair and transparent manner. The state government has been given a deadline to comply with the 50% cap, and the court will continue to monitor the situation.
