OBC reservation: Not possible to permit authority to act upon interim report of commission, says SC
NEW DELHI: The Supreme Court Thursday said it is "not possible" to permit any authority to act upon the recommendation made in the interim report of the state Backward Classes Commission which has said that up to 27 per cent reservation can be granted to the Other Backward Classes (OBCs) in the local bodies in Maharashtra, subject to the condition that the total quota shall not exceed 50 per cent limit.
The apex court said the report itself mentions that it has been prepared in absence of empirical study and research by the commission.
"Having failed to do so, the commission should not have ventured to prepare the interim report," a bench headed by Justice A M Khanwilkar observed.
The bench, also comprising Justices Dinesh Maheshwari and C T Ravikumar, directed the State Election Commission (SEC) to comply with the directions given by the apex court earlier in the matter about OBC reservation in local bodies in Maharashtra.
In December last year, the top court had directed the SEC of Maharashtra to notify 27 per cent of seats in the local body, which were reserved for the OBCs, as general seats so that the poll process can be taken forward.
"The report itself mentions that the same is being prepared in absence of empirical study and research by the commission," the bench said.
"As a result, it is not possible to permit any authority, much less the State Election Commission, to act upon the recommendation made in the said report," it said.
The top court directed all concerned not to act upon the interim report of the commission.
The bench observed it will be open to the commission to continue with its exercise of conducting necessary study and collating contemporaneous empirical data local body wise and submit its interim report, as and when it is ready, after proper consideration and the rationale behind the recommendation which "must stand the test of judicial scrutiny".
The bench said the interim report "cannot deviate" from the parameters mentioned in the constitution bench judgement of the apex court as also the verdict delivered by a three-judge bench earlier.
The bench noted that another question is regarding the direction to be issued concerning local self-governance where elections are overdue.
It directed the SEC to comply with the directions given earlier by the apex court.
On January 19, the top court had directed the state government to submit data on OBCs to the commission to examine its correctness and make recommendations on their representation in elections for the local bodies.
The court had also asked the commission to submit the interim report to the authorities concerned in two weeks of receiving information from the state government.
In its application filed in the apex court, which is hearing pleas about the OBC reservation in local bodies in Maharashtra, the state had said that in the light of the interim report, the future election should be allowed to be conducted with OBC reservation.
The order passed last year by the apex court had referred to the Constitution bench verdict of 2010 that had mentioned three conditions, including the setting up of a dedicated commission to conduct a contemporaneous rigorous empirical inquiry into the nature and implications of the backwardness qua the local bodies in the states, which are required to be followed before provisioning such reservation for the OBC category.
It had also said that subsequently, a three-judge bench of the court had reiterated the same.
A three-judge bench of the apex court had earlier said the reservation in favour of the OBCs in the local bodies in Maharashtra cannot exceed 50 per cent of the total seats reserved for the SCs, STs, and OBCs taken together.
It had referred to the three conditions noted in the constitution bench verdict of 2010.
The conditions included specifying the proportion of reservation required to be provisioned local body-wise in light of the recommendations of the commission so as not to fall foul of overbreadth and in any case, such reservation shall not exceed an aggregate of 50 per cent of the total seats reserved in favour of the SCs, STs, and OBCs taken together.