Madhya Pradesh's 27% OBC Quota: A Contentious History, Thorny Politics, and a Looming Courtroom Showdown

The Supreme Court is set to begin daily hearings on October 8 regarding Madhya Pradesh's (MP) endeavor to provide 27% reservation for Other Backward Classes (OBCs) in state jobs. This move has been challenged for potentially breaching the Supreme Court's established 50% cap on reservations, a ceiling that has been a cornerstone of reservation policy in India.

Historical Context and Political Maneuvering

The concept of reservations for backward classes in India has a long and complex history. While reservations for Scheduled Castes (SCs) and Scheduled Tribes (STs) were enshrined in the Constitution of India from 1950, the inclusion of OBCs as a separate category came later. The Mandal Commission Report of 1980 was the first to define OBC reservation in India. The commission identified that 52% of the Indian population belonged to 3,743 different castes and communities were backward. Due to legal constraints that the total quantum of reservation should not exceed 50%, the commission recommended 27% reservation for OBCs.

The implementation of the Mandal Commission's recommendations in 1990 by then Prime Minister V.P. Singh led to widespread protests and debates across the country. Critics voiced concerns about reverse discrimination and the potential erosion of merit-based selection. However, the Supreme Court, in the Indira Sawhney case (1992), upheld the 27% quota for OBCs, subject to the exclusion of the "creamy layer". This verdict established that caste could be considered a measure of backwardness, but also set a 50% ceiling on total reservations.

In Madhya Pradesh, the political dynamics surrounding OBC reservations have been particularly turbulent. In 2019, the then-Congress government, led by Kamal Nath, increased the OBC quota from 14% to 27%. This decision was swiftly challenged in the Jabalpur High Court for violating the 50% reservation cap established in the Indira Sawhney judgment. The High Court subsequently stayed the decision.

The Current Legal Battle

The current BJP government in Madhya Pradesh, led by Chief Minister Mohan Yadav, has submitted a substantial 15,000-page document to the Supreme Court to support its case for the 27% OBC reservation. The state government's move to increase the OBC quota has resulted in the total reservation exceeding 50%, which is a contentious issue before the Supreme Court. The state has defended its position by arguing that "extraordinary circumstances" warrant breaching the 50% ceiling, citing the significant under-representation of OBCs in government services and public life. The state government claims that OBCs and tribals together constitute almost 50% of the state's population.

Controversies and Social Media Storm

Recently, a controversy erupted when portions of the state's affidavit, citing the caste and varna system with references to figures like Guru Dronacharya and Eklavya, went viral. This led to accusations that the government was insulting historical figures and promoting caste-based discrimination. The state government has clarified that the viral extracts were from the 1983 report of the Mahajan Commission and not part of its current affidavit.

The Way Forward

The Supreme Court's upcoming hearings are crucial in determining the future of OBC reservations in Madhya Pradesh. The court will examine whether the state has provided sufficient justification for exceeding the 50% reservation cap. The outcome of this legal battle could have far-reaching implications for reservation policies in other states as well.

Until the Supreme Court reaches a verdict, the state is following an "87:13 formula" for recruitments, where results for 87% of the posts are declared, and 13% are kept on hold pending the court's decision. The Supreme Court is expected to consider arguments related to the under-representation of OBCs and the overall social and economic conditions in Madhya Pradesh before arriving at a decision.