Reservation business is like railways, no one wants to let others in: Supreme Court

Source : INDIA TODAY NEWS

Hearing a batch of pleas concerning reservation for Other Backward Classes (OBCs) in Maharashtra local bodies, the Supreme Court on Tuesday compared the reservation system in India to railway coaches. It said that those who have availed the benefit are unwilling to let others in.

“Reservation business in this country has become like Railways. Those who have entered the coach, bogey – they don’t want anyone else to enter,” said Justice Surya Kant.

The top court was hearing pleas regarding reservation for OBCs in Maharashtra’s local body and gram panchayat elections.

Justice Kant further said, “When you follow the principle of inclusivity, states are bound to recognise more classes: there will be politically backward, socially, economically backward classes. Why should they be deprived of benefits? Why should we confine benefits to only a few families or groups?”

During the hearing, the court directed the Maharashtra State Election Commission to notify local bodies within four weeks. It also ordered that OBC reservations be provided in accordance with what existed in the state prior to the July 2022 report of a six-member commission – currently under judicial scrutiny.

The court clarified that the outcome of the elections would be subject to the final outcome of the ongoing proceedings. “Let’s first pave the way for the elections. The first priority is elections. Other issues we will see,” the court said.

It noted that various OBC categories were previously granted reservation through legislative enactments on the basis of which elections had been held from time to time. The 2022 report and related issues, including the establishment of a dedicated commission to study the nature and implications of backward class reservations, remain under consideration.

Stressing the constitutional mandate of grassroots democracy, the court said that regular elections to local bodies must be respected and ensured. It also observed that since elected bodies have fixed terms, no irreversible harm would be caused to those seeking legal amendments for the inclusion or exclusion of certain OBC groups.

The Supreme Court also saw “no reason why the elections should not be held” and said efforts should be made to complete the polls within four months. The State Election Commission may seek additional time in appropriate cases, it added.

SOURCE :- TIMES OF INDIA