New Delhi: In a significant observation during the hearing of a case concerning OBC reservations in Maharashtra's local body elections, Supreme Court Judge Justice Surya Kant on Tuesday likened the reservation system in India 'to a train journey where those already seated are reluctant to let others in'.
The remark came from a bench comprising Justices Surya Kant and KV Viswanathan (not NK Singh) while hearing a petition challenging the OBC quota granted by the Banthia Commission.
Senior Advocate Gopal Sankaranarayanan, appearing for the petitioner, argued that the commission granted political reservations to Other Backward Classes (OBCs) without determining if they were indeed politically backward a criterion legally distinct from social and educational backwardness.
Justice Kant commented, "The thing is, in this country, the reservation business has become like a Railway. Those who have entered the bogie, they don't want anyone else to enter. That is the whole game. That is precisely the game of the petitioner also."
Sankaranarayanan responded, "And bogies are being added at the back also."
Elaborating on the principle of inclusivity, Justice Kant added, "When you follow the principle of inclusivity, the states are bound to identify more classes.
There will be socially backwards classes, politically backwards classes, and economically backwards classes. Why should they be deprived of the benefit? Why should it be confined to one particular family or group?" Sankaranarayanan concurred, saying the petitioner was making the same point.
Despite the ongoing legal debate, the bench stressed that the long-pending local body elections in Maharashtra cannot be delayed any further due to the OBC reservation issue. The hearing was deferred to allow the state to present its position.
The elections were earlier postponed following a Supreme Court directive in August 2022 that maintained the status quo on the OBC reservation matter.
