The decision of the Supreme Court to cancel the political reservation of OBCs has created a constitutional hurdle not only for Maharashtra but also for many other states in the country. Because of the court decision, the BJP government in Madhya Pradesh will also have to face difficulties.
Both the states have been hit hard by the Supreme Court's cancellation of political (obc reservation) of OBCs in Maharashtra and Madhya Pradesh in the local body elections. This decision has created a big problem not only for these two states but also for other states
In 2010, Supreme Court Justice Krishnamurthy had directed the Maharashtra and Madhya Pradesh governments to take a triple test for political reservation of OBCs.
The Center is considering objecting to the 2010 Supreme Court decision. It is said that the central government is trying to file a reconsideration petition on the issue of political reservation of OBCs.
The central government intends to take up the issue of OBC reservation before a large bench of the Supreme Court. But Supreme Court Justice Krishnamurthy's decision on OBC reservation will not change much, say legal experts.
The central government intends to find a permanent solution to the situation arising out of the Supreme Court decision. Then the incident can be amended in the relevant sections by "Krishnamurti judgment". There could also be a possible way to improve the situation. As per Sections 243D and 243T, the list of OBCs is used for the job and educational reservations in the States. Experts are of the opinion that the same OBC list can now be used by the states for political quotas.
Since no state has set up a commission to re-determine OBCs, the urgency of the situation is evident in the realization that the legal challenge in the courts could end the backward quota in all other states. Economically and socially backward society does not mean being politically backward, the court said. As a result, states will have to come up with a separate list if they want to give political reservations to OBCs.