In a thought-provoking statement, Supreme Court judge Justice Surya Kant likened India’s caste-based reservation system to a train compartment, suggesting that once individuals secure benefits, they resist making room for others. “Reservation in the country has become like train compartments—people who have got in don’t want to let others come in,” Justice Kant remarked during a hearing related to reservation for Other Backward Classes (OBCs) in Maharashtra’s local body elections.
Justice Kant, who is poised to become the next Chief Justice of India, emphasized the need for inclusivity, urging the government to identify additional socially and economically backward groups. “Only a few families and groups are getting the benefit. Why should others who are politically, economically, and socially deprived be left out?” he asked, highlighting the principle that reservation should evolve to serve those truly in need, rather than becoming a closed system benefitting a select few.
The hearing addressed the delay in local body elections in Maharashtra, which have not been conducted since 2016–2017. A significant reason for the delay has been the legal controversy surrounding the implementation of OBC reservations. In 2021, the Supreme Court struck down a state ordinance that proposed a 27% quota for OBCs, ruling that any such policy must pass a three-part test. These criteria include the formation of a dedicated commission to conduct an empirical study on backwardness, determination of reservation proportions based on the commission’s recommendations, and ensuring the overall quota for SCs, STs, and OBCs does not surpass the 50% limit.
Senior advocate Indira Jaising, representing the petitioners, criticized the state for failing to act on the data gathered during the delimitation process. She pointed out that local bodies were being governed by unelected administrators due to the delay. Advocate Gopal Sankaranarayanan added that even within the OBC category, it is crucial to differentiate between various sub-groups based on their political and social disadvantages.
Justice Surya Kant’s analogy echoed a similar metaphor used previously by Justice BR Gavai. In a judgment supporting the sub-classification of SC/ST categories, Justice Gavai described the opposition to further subclassification as being akin to someone who, after managing to enter a crowded train compartment, refuses to let others in. “They make every attempt possible to prevent persons outside such a compartment from entering it,” he observed.
Justice Gavai is scheduled to be sworn in as the 52nd Chief Justice of India on May 14, marking a significant moment in the ongoing discourse about the future of reservation in India.
