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SC seeks Centre’s reply on Maharashtra’s plea for 2011 OBC census data
Senior advocate Kapil Sibal, who appeared for the state, told the court that elections to local bodies in the state were due later this year and requested for an early date for hearing.
The Supreme Court on Tuesday gave the Union government a month to respond to a petition filed by the Maharashtra government seeking 2011 census data on other backward classes (OBCs) in the state, so that seats can accordingly be reserved for these communities in local bodies.
Solicitor General Tushar Mehta, appearing for the Centre, told a bench of Justices AM Khanwilkar and Sanjiv Khanna that based on discussions held with the registrar general and census commissioner and the ministry of social justice and empowerment, the Union government would like to put its stand in writing, for which he sought three weeks.
The Maharashtra government’s petition comes even as demand for a caste census gathers momentum; it is supported by sections within the ruling Bharatiya Janata Party, some of its key allies, and almost the entire Opposition. A survey, though, could be a politically controversial issue; there are fears that it could result in a reassigning of benefits within the existing reservation regime for other backward classes; there are also fears that it could be a precursor to breaching the 50% ceiling for reservations in jobs and academic institutions. The government did conduct a caste survey along with the 2011 census but it never released the findings citing inaccuracies , although it is likely its hand was stayed by political considerations.
The bench posted the matter on September 23.
Senior advocate Kapil Sibal, who appeared for the state, told the court that elections to local bodies in the state were due later this year and requested for an early date for hearing. The bench, however, said, “Even if we advance the date, do you think the exercise (of allocating reservation) can be decided within a month.”
The state government has invoked the extraordinary jurisdiction of the Supreme Court after having decided to conduct a socio-economic and caste census across the state by the Maharashtra State Commission for Backward Classes (MSCBC).
The Maharashtra legislative assembly last month passed a resolution to approach the Centre for 2011 census data in order to compile empirical data on the OBC population in the state.
In March, the Supreme Court, while considering the extension of 27% OBC quota under the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961 to local bodies in Akola, Washim, Nandurbar, Dhule and Nagpur, held that reservation in these local bodies (for SC/ST/OBC) should not exceed 50% cap mandated by the 1992 Indra Sahwney ruling by the top court.
The apex court asked the state to first set up a backward classes commission to compile empirical data on the number and extent of backwardness of OBC population within the state. The state filed a review petition that was dismissed in May.
