Madhya Pradesh Urges SC To Relax 50 Per Cent Quota Cap, Defends 27 Per cent OBC Reservation Law: Report

The Madhya Pradesh government has urged the Supreme Court to treat the 50 per cent reservation cap as “flexible,” allowing it to be exceeded in “special situations,” while seeking validation for its law increasing the Other Backward Classes (OBC) quota from 14 per cent to 27 per cent in state services, reported The Hindu.

This law breaches the 50 per cent ceiling set by the nine-judge Constitution Bench in the 1992 Mandal Commission case.

A Supreme Court Bench led by Justice P S Narasimha has agreed to examine the legality of Section 4 of the Madhya Pradesh Lok Seva (Reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes) Amendment Act, 1994, as amended in 2019.

The Supreme Court took suo motu action, transferring several petitions, including one by Shivam Gautam, to itself for a final ruling.

The matter is listed for hearing on 8 October.

Representing the state, advocate Mrinal Gopal Elker argued that prolonged litigation in the High Court has blocked recruitments in 12 departments since 2022.

The state government pointed out that the 2011 Census in MP showed Scheduled Castes at 15.6 per cent, Scheduled Tribes 21.1 per cent, and OBCs over 51 per cent of the population.

“The disadvantaged communities collectively comprise over 87% of the State’s population. Yet, OBCs were earlier confined to only 14% reservation, which is wholly disproportionate to their demographic share and their actual educational and social backwardness. Hence, the enhancement to 27% is a constitutionally mandated corrective step,” the Madhya Pradesh government reasoned in its affidavit.

The state cited reports showing OBCs’ persistent marginalisation.

It maintained, “Special situations might require going beyond 50 per cent, provided the State demonstrates compelling and extraordinary circumstances.”

Madhya Pradesh stressed the change is necessary to redress social exclusion and ensure equality for deprived sections.

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