Madhya Pradesh urges Supreme Court that 50% quota cap is ‘flexible’, can be overlooked in ‘special situations’

The Madhya Pradesh government called on the Supreme Court to address a 50% limit for reservation as a “flexible ör, while looking for the Supreme Court for the verification of a law in which quota increased from 14% to 27% to 27% in state services.

Madhya Pradesh State Law breaks the 50% booking ceiling established by the nine judges of the Supreme Court in the Mandal Commission case 33 years ago.

The state argued that the increase in OBC reservation is necessary to combat “established social isolation and exclusion ği, which more than half of its population faces. Even many times, even the Supreme Court, the 50% limit for reservation, more than an unchanging constitutional rod, more than a “flexible guide”, he said.

Madhya Pradesh’s triggering issue gained momentum and Chhattisgarh also moved the Supreme Court. Some regions in Chhattisgarh allow 85% reservation.

Madhya Pradesh claimed that the 50% limit of the court constitutes a “extraordinary situation gerçeklendir to be violated in order to ensure prosperity and equality between the caste and sub -castes of 94 OBC and sub -castes in the state.

Announced | Should reservations exceed 50% limit?

A bench headed by Justice PS Narasimha agreed to examine the legality of Madhya Pradesh Lok Seva (reservation for planned castes, planned tribes and other retrospective classes), as changed in 2019.

Apex Court received suo motu He ordered several petitions, including the leading role of Shivam Gautam, represented by lawyer Prathvi Raj Chauhan, waiting at the Supreme Court of Madhya Pradesh. The case was listed for a hearing on October 8th.

The state, represented by lawyer Mrinal Gopal Elker, said that long -term lawsuits in the high court on the validity of the 2019 amendment have prevented recruitment to 12 departments of the government since 2022. The court urgently listed the case for October 8.

The government said that the 2011 census in Madhya Pradesh revealed 15.6%of the planned castes, 21%of the planned tribes and the OBC “more than 51%of the total population”.

“Disadvantaged communities collectively include more than 87% of the state’s population. Nevertheless, the OBCs were only limited to only 14% booking, which is completely disproportionately with their demographic shares and real education and social retroaches. Therefore, the increase of 27% is a mandatory step according to the constitution.

The state also referred to the reports that confirms that the 94 OBC caste/sub -caste of the Madhya Pradesh Backward Classes Commission is “mainly reflecting the ongoing marginalization of traditional, semenial and agricultural professions”.

The Mahagean Commission, appointed by the Congress Government in 1980, said, “He found serious social discrimination in residence and food practices, including discrimination. He was about 90% in poor facilities… Politically, the OBC representation in the legislative council remained below 16% and communities were 8.241% in 8.241% (1981). It was not very little represented in institutions ”. The state reminded that the Mahagean Commission proposes 35% booking for OBC in the state, and that it is significantly higher than the 27% quota under the challenge.

The state justified that the final decisions of the Apex Court, including the Jaishri Lamanrao Patil case, allow exceptions on the 50% ceiling after “special conditions are shown”.

Madhya Pradesh, “the state may require challenging and extraordinary conditions, special cases may require to go beyond 50%. In such cases, strict investigation is guaranteed, but relaxation is allowed, Mad Madhya Pradesh said.