Interestingly, a similar “train compartment” metaphor was used earlier by another Supreme Court judge, Justice BR Gavai, in a separate case. Justice Gavai, who is set to become the Chief Justice later this month, had used this metaphor while allowing sub-classification within the SC/ST groups.
New Delhi – A Supreme Court judge, Justice Surya Kant, made a strong comment today during the hearing of a case on OBC (Other Backward Classes) reservation in Maharashtra’s local body elections.
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He compared the current reservation system to a crowded train compartment, saying that those who are already inside do not want to let others enter.
“Reservation in the country has become like train compartments, people who have got in don’t want to let others come in.”
Justice Surya Kant, who is expected to become the Chief Justice of India later this year, made these remarks while listening to arguments on the long-pending issue of local body elections in Maharashtra. These elections were last held in 2016–2017, and a major reason for the delay is the legal conflict over OBC quota in these polls.
Back in 2021, the Supreme Court cancelled a Maharashtra government ordinance that had provided 27% reservation for OBCs.
The court had said that the state must meet a three-fold test before such reservations can be legally allowed:
- A dedicated commission must conduct a current and detailed study to understand the backwardness of communities in local bodies.
- The state must clearly mention the percentage of reservation needed for each local body based on the findings of the commission.
- The total reservation for SCs, STs, and OBCs combined should not exceed 50%.
Since that verdict, Maharashtra has faced repeated delays in collecting data and facing ongoing court battles. This has led to a complete halt in holding local elections in many areas.
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Senior Advocate Indira Jaising, representing one of the petitioners, told the court that Maharashtra had identified OBCs during the delimitation process, but was not using that data to conduct local body elections.
She added that elections must be held soon and criticised the state for running local bodies using only handpicked officials without public mandate.
“Despite the identification of OBCs during delimitation, Maharashtra was not using the data for the local body election.”
“The state government was running local bodies unilaterally through handpicked officials.”
Advocate Gopal Sankaranarayanan, also appearing for a petitioner, told the court that within the OBC category, there needs to be further classification to identify those who are truly politically and socially backward.
“Within the OBCs, politically backward and socially backward classes should be identified for the purpose of reservations.”
Justice Surya Kant responded to this by emphasising the need for inclusivity in reservations. He questioned why only a few families or groups were benefiting from reservations again and again, and said the government must actively identify more deserving groups.
“This is the principle of inclusivity. Governments are duty-bound to identify more classes. There are politically, economically and socially deprived people. Why should they not get the benefit (of reservation)? Only a few families and groups are getting the benefit.”
The court said it will continue hearing the case later in the day.
Interestingly, a similar “train compartment” metaphor was used earlier by another Supreme Court judge, Justice BR Gavai, in a separate case. Justice Gavai, who is set to become the Chief Justice later this month, had used this metaphor while allowing sub-classification within the SC/ST groups.
State of Punjab and Others v. Davinder Singh and Others, Civil Appeal No. 2317 of 2011. This landmark judgment was delivered on August 1, 2024, by a seven-judge Constitution Bench of the Supreme Court. The Court, in a 6:1 majority, upheld the constitutional validity of sub-classification within SCs and STs to ensure that the most marginalized sub-groups receive the intended benefits of reservation policies.
Justice Gavai, in his concurring opinion, highlighted that certain castes within the SC/ST categories have disproportionately benefited from reservations, while others remain underrepresented. He likened this scenario to individuals who, after securing a spot in a train’s general compartment, attempt to prevent others from boarding.
“I find that the attitude of the categories in the Presidential List (SCs, STs) opposing such a sub-classification is that of a person in the general compartment of the train. Firstly, the persons outside the compartment struggled to get into the general compartment. However, once they get inside it, they make every attempt possible to prevent the persons outside such a compartment from entering it.”
“I find that the attitude of the categories in the Presidential List opposing such a sub-classification is that of a person in the general compartment of the train. Firstly, the persons outside the compartment struggled to get into the general compartment. However, once they get inside it, they make every attempt possible to prevent the persons outside such a compartment from entering it.”
These remarks come at a time when the central government has announced plans to include caste-based data in the upcoming Census of India. The BJP and its allies claim that such data will help identify the truly backward sections of society and improve the system of affirmative action.
The demand for a caste-based Census has long been raised by several opposition parties, who believe it is necessary for fair distribution of government benefits.
Case Name : MANGESH SHANKAR SASANE Vs STATE OF MAHARASHTRA | W.P.(C) No. 471/2025
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