Even as the Maha Vikas Aghadi (MVA) government of Maharashtra tries to reach a consensus among the political parties to resolve the question of the reserve of the other backward classes (OBC) in the local bodies, Haribhau Rathod, former deputy and top leader of the OBC, wrote to Prime Minister Narendra Modi called for amending the relevant articles of the Constitution to guarantee the reserve to the OBC community, stating that the 50 percent cap of the reserve relates only to employment.
Rathod, in his letter, said the Supreme Court earlier this year overturned elections for OBC candidates in local bodies on the grounds that the reservation of Scheduled Castes, Scheduled Tribes and OBCs exceeded 50 per reserve cap. .
The 50 percent reserve limit in public employment was established by the Supreme Court in the Indra Sawhney judgment under Article 16 (4) of the Constitution of India as regards only the public employment. The overall 50 percent cap has no application or relevance to the reservation of elected positions under Articles 243-D (6) and 243-T (6) of the Constitution, Rathod said.
It is now imperative to amend the Constitution and correct the unjust and erroneous Supreme Court ruling illegally applying the 50 percent cap to OBC reserves, which was developed in a completely different context, he added.
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