Reservation in This Country Has Become Like Train Compartments: SC

Reservation in This Country Has Become Like Train Compartments: SC

Caste-based reservation in India has come under sharp scrutiny from the Supreme Court, with Justice Surya Kant comparing it to a "train compartment" where those who have secured a seat are reluctant to let others in.

The judge, who is set to take over as Chief Justice later this year, made the remark during a hearing on the contentious issue of Other Backward Classes (OBC) reservations in Maharashtra’s local body elections.

Local polls in Maharashtra have been on hold since 2016-17, primarily due to an ongoing legal dispute over the implementation of OBC quotas. In 2021, the Supreme Court struck down a state ordinance that sought to provide 27% reservation to OBCs, stating it did not meet the required constitutional standards. The court prescribed a three-fold test for implementing such quotas:

  1. A dedicated commission must conduct a rigorous and current empirical inquiry into the backwardness of communities.

  2. The reservation must be tailored to each local body based on the commission’s recommendations.

  3. The total reservation for SCs, STs, and OBCs must not exceed the 50% ceiling.

Due to delays in data collection and subsequent litigation, the state has not been able to hold the polls, leaving local governance in the hands of government-appointed administrators.

During the hearing, senior advocate Indira Jaising, appearing for one of the petitioners, highlighted that although OBCs had been identified during the delimitation process, the state was not using the data to proceed with elections. She argued that this undermines democratic governance at the grassroots level.

Advocate Gopal Sankaranarayanan, representing another petitioner, emphasized the need to distinguish between socially and politically backward classes within the OBC category, to ensure fair distribution of benefits.

Justice Surya Kant responded, stating:
"Reservation in this country has become like train compartments—those who have entered don’t want others to come in. That defeats the principle of inclusivity. Governments have a duty to identify new deprived classes—politically, socially, and economically backward communities. Why should benefits be restricted to a few select families or groups?"

The comment echoes sentiments expressed earlier by Justice BR Gavai—soon to be Chief Justice—who had used a similar metaphor in a separate case upholding the constitutional validity of sub-classification within SC/ST groups. He noted:
"Those who manage to get into the general compartment of reservation resist letting others in, despite once being outsiders themselves."

These observations come at a significant time, as the central government has committed to including caste data in the upcoming Census. While the ruling BJP argues that this will aid in identifying disadvantaged groups and tailoring welfare schemes more effectively, opposition parties have long been pressing for such a caste Census as a tool for ensuring equitable affirmative action.

The court is set to continue hearings on the Maharashtra OBC reservation issue later today.


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