“Caste Must Not Be Allowed to Divide Us”: CJI on Caste Census and OBC Reservations

Context:
The Chief Justice of India (CJI) Surya Kant underscored the need for societal unity beyond caste divisions amid ongoing debates on the caste census and OBC political reservations. The observations were made during a Supreme Court hearing related to OBC reservations in Maharashtra local body elections, against the backdrop of the Union government’s announcement to include caste enumeration in the Census scheduled for March 2027.

Key Highlights:

Judicial Observations / Case Background:

  • The CJI cautioned that caste identities should not fragment society, irrespective of circumstances.

  • The remarks came during hearings on OBC political reservations in Maharashtra’s municipal councils and nagar panchayats.

  • Reservations in 57 out of 288 local bodies were found to exceed the 50% ceiling laid down by the Supreme Court.

Legal Framework & Court Directions:

  • In K. Krishna Murthy v. Union of India (2010), the SC fixed a 50% cap on total reservations in local body elections.

  • The Court allowed elections to proceed but made the 57 seats subject to final adjudication.

  • Future elections must strictly adhere to the 50% ceiling.

  • The State Election Commission was directed to provide a broad estimate of OBC population in the affected local bodies.

Caste Census & Constitutional Context:

  • The last caste census was conducted in 1931.

  • The proposed caste enumeration aims to ascertain the population share of OBCs, relevant to Part IX of the Constitution (Panchayats and local self-governance).

  • Local body elections in Maharashtra have been stalled since 2022 due to litigation on OBC reservation implementation.

Institutional & Governance Concerns:

  • The Court flagged that grassroots institutions are being run by bureaucrats due to the absence of elected representatives.

  • Emphasis was placed on reviving democratic governance at the local level.

Relevant Prelims Points:

  • Caste Census: Enumeration of population by caste categories.

  • OBC (Other Backward Classes): Socially and educationally disadvantaged groups recognised by the State.

  • Political Reservation: Reservation of seats in elected bodies for specific communities.

  • K. Krishna Murthy Case (2010): Fixed 50% reservation ceiling for local bodies; mandated empirical data for OBC reservations.

  • Part IX of the Constitution: Provisions relating to Panchayats and local self-government.

Benefits, Challenges & Impact:

  • Benefits: Data-driven policy-making; representation of backward classes.

  • Challenges: Risk of social polarisation; constitutional limits on reservations; litigation-induced delays.

  • Impact: Prolonged absence of elected local bodies affects service delivery and democratic participation.

Relevant Mains Points:

  • Polity & Social Justice: Balancing substantive equality with constitutional limits on reservations.

  • Judicial Role: Ensuring compliance with precedents while enabling democratic processes.

  • Governance: Importance of timely elections for effective grassroots democracy.

  • Debate: Whether the 50% cap in local bodies warrants reconsideration by a Constitution Bench.

Way Forward:

  • Conduct robust, transparent caste enumeration with safeguards against misuse.

  • Ensure empirical data-based reservation policies in line with SC guidelines.

  • Expedite local body elections to restore democratic governance.

  • Foster social cohesion, ensuring affirmative action strengthens inclusion without deepening divisions.

UPSC Relevance (GS-wise):

  • GS 2: Polity & Social Justice – reservations, caste census, role of judiciary

  • GS Prelims: Constitutional provisions on reservations, landmark judgments

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