OBC quota case: BJP in Madhya Pradesh defends 27% reservation in Supreme Court

Despite constituting 48.08% of the population (1981 census), OBCs remained grossly underrepresented in education, government services, and political institutions.

New Delhi: The BJP government in Madhya Pradesh has sought to justify before the Supreme Court the validity of a 2019 law enhancing reservation for OBCs on all posts in the services of the State from 14 to 27 per cent, taking the overall quota to 73 per cent beyond the 50 per cent ceiling fixed by nine-judge bench 1992 judgment in Mandal Commission case.

It relied upon the recommendations of the Ramji Mahajan, called the “Mahajan Commission” among other reports, to look into the social, education, and backwardness faced by various communities in the State of Madhya Pradesh, to defend its move.

In a written submission filed on September 23, 2025, to a batch of petitions challenging the decision, the state government said, it was currently facing irreparable loss and injury as selection and recruitment processes since year 2022 in various 12 departments were pending due to pendency of the current issue.

"The state government has a prima-facie strong case and is suffering irreparable loss and injuries if the relief sought is not granted to the state government to proceed with 27 per cent reservation for OBC category for appointment and selection process in government jobs subject to the outcome of the present petition,'' it said.

Despite constituting 48.08 per cent of the population (1981 Census), OBCs remained grossly underrepresented in education, government services, and political institutions, it submitted.

In the year 2023, at the behest of the state government, a detailed study was conducted by Dr B R Ambedkar social sciences (State University, Government of Madhya Pradesh) on “Survey and social scientific study of the socio-economic, education al and political status of the Other Backward Classes of Madhya Pradesh and the reasons for their backwardness”.

This report underscores a stark disconnect between the demographic strength and representation of OBCs in Madhya Pradesh, the response pointed out.

"The report reflects that OBCs continue to face deep rooted social discrimination, exclusion, and marginalisation—confined to traditional caste-based occupations, segregated localities, and lacking access to basic amenities - illustrating that despite numbers, they remain socially backward in practice, and broad-based social reforms are needed alongside reservation,'' it said.

In Indira Sawhney, this court recognised that the 50% reservation ceiling is a general rule but acknowledged the possibility of “extraordinary situations” warranting relaxation of this limit, the state government said.

It also stated the backwardness is capable of being transmitted intergenerationally. "The historic lack of educational and economic opportunities faced by older generations translates into cumulative disadvantage persisting generationally across families and communities, warranting an enhancement of reservation,'' it said.

In Madhya Pradesh, the response said, the 2011 Census revealed that Scheduled Castes constituted 15.6 per cent, Scheduled Tribes 21.1 per cent, and Other Backward Classes more than 51 per cent of the total population.

Yet another report of OBC Commission, Madhya Pradesh of the year 2022 further substantiated the population figure of other backward classes i.e. more than 50 per cent in state.

"Thus, disadvantaged communities collectively comprise over 87 per cent of the State’s population. Yet, OBCs were earlier confined to only 14 per cent reservation, which is wholly disproportionate to their demographic share and their actual educational and social backwardness. Hence, the enhancement to 27 per cent is a constitutionally mandated corrective step," it said.