Supreme Court to Begin Daily Hearings on Madhya Pradesh's OBC Reservation Challenge: Constitutional Implications and Employment Impact
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Bhopal:
The Supreme Court is set to commence daily hearings on October 8 regarding Madhya Pradesh's decision to implement 27 percent reservation for Other Backward Classes (OBCs). This announcement comes amid controversy over the alleged inclusion of a 42-year-old report that referenced mythology and historical narratives to support OBC safeguards.
State authorities have refuted these allegations, clarifying that they merely cited the Ramji Mahajan Commission report—a comprehensive 1,265-page document—rather than incorporating it into their Supreme Court affidavit.
The Ramji Mahajan Commission completed its findings in 1983 during the Congress government's administration.
The Quota Challenge
The state's implementation of 27 percent OBC reservation, when combined with existing quotas, significantly exceeds the Supreme Court's established 50 percent ceiling.
Officials indicate that the state's legal defense relies on "extraordinary circumstances" to justify exceeding this constitutional threshold.
The government's extensive 15,000-page affidavit encompasses surveys, commission reports, and administrative evidence demonstrating OBC under-representation in public services across the state, where OBCs and tribal communities constitute approximately half the population.
Controversy Over Ramji Commission Report
Recent social media claims suggest the state used the Ramji Mahajan Commission report to argue that ancient social practices "disrupted the social order." The report allegedly referenced episodes from the Mahabharat and Ramayana involving Shambook and Ekalavya as justification for enhanced OBC reservations.
These social media assertions—accompanied by unverified screenshots—also note that while the 1983 Mahajan panel recommended 35 percent OBC reservation, the state ultimately implemented 27 percent, indicating selective adoption rather than wholesale acceptance.
Officials are investigating what they describe as selective, decontextualized circulation of historical documentation on social media platforms, with "appropriate action" pending.
Historical Context
In 2019, the Kamal Nath administration passed legislation increasing OBC quotas from 14 to 27 percent. However, the Madhya Pradesh High Court suspended implementation, reaffirming the 50 percent quota ceiling principle. The BJP government subsequently authorized the 27 percent OBC reservation in September 2021.
A petition challenging this decision was filed in the Madhya Pradesh High Court in May 2022, resulting in another implementation stay.
By August 2023, authorities established an 87:13 mechanism allowing results for 87 percent of advertised positions to be announced while reserving 13 percent pending the OBC quota decision.
In 2024, approximately 70 pending petitions regarding the OBC reservation increase were transferred from the High Court to the Supreme Court. Recruitments currently proceed according to the 87:13 formula while awaiting final resolution.
Quota Distribution and Constitutional Questions
Madhya Pradesh's amended reservation structure totals 73 percent—comprising 20 percent for Scheduled Tribes, 16 percent for Scheduled Castes, 27 percent for OBCs, and 10 percent for Economically Weaker Sections.
The central question before the court is whether the state can legitimately exceed the 50 percent reservation limit by demonstrating "extraordinary" under-representation through compelling contemporary evidence.
While the state frequently asserts that OBCs constitute 48 percent of Madhya Pradesh's population, officials acknowledge lacking recent formal demographic data—an evidentiary gap that previously contributed to High Court stay orders in 2019 and 2022.
The 13 Percent Solution
Until the Supreme Court delivers its verdict, the 87:13 formula remains operational.
Within the 13 percent of positions currently on hold, half are provisionally allocated for OBCs and half for the general category. This arrangement ensures that regardless of the court's decision, final allocations can be adjusted without invalidating entire recruitment processes.
Urgency of Resolution
Since 2019, more than 35 recruitment initiatives have faced disruptions. Approximately 800,000 candidates have experienced uncertainty, while 320,000 selected candidates await appointment letters. Following the 2023 assembly elections, the state reports filling 29,000 positions, yet 104,000 vacancies remain unfilled.
Beginning October 8, the Supreme Court's daily examination will determine whether Madhya Pradesh possesses sufficient evidence to cross this constitutional threshold and, crucially, whether hundreds of thousands of delayed appointments can finally progress from selection lists to formal offers.
Source: https://www.ndtv.com/india-news/daily-hearings-in-madhya-pradeshs-obc-quota-case-and-its-big-complications-9386180