The CJI’s oral remark came at the end of a hearing in which the Bench was considering the issue of political reservation for OBCs in local bodies going to polls in Maharashtra. | Photo credit: The Hindu
Chief Justice of India Surya Kant on Tuesday (Nov 25, 2025) observed that society must not be “divided” along caste lines, after a notice was filed on the Union government’s notification to conduct a caste census.
“Whatever we do, I think we should not divide society on caste lines,” Chief Justice Kant remarked orally.
The chief justice was responding to a submission by senior advocate Indira Jaising regarding the government’s caste census notification.
“There was no caste census after 1931. That was the last one. The Government of India called the caste census to find out the exact percentage of Other Backward Classes (OBC) in the population. This is relevant to Part IX of the Constitution (local self-government in rural India),” Ms Jaising said.
Quota in local authorities
The government has announced that enumeration of castes will be part of the next census in March 2027. The CJI’s oral remark came at the end of a hearing in which the Bench was considering the issue of political reservation for OBCs in local bodies due to go to polls in Maharashtra.
Objections were raised in court that reservations in 57 of the total 288 municipal councils and nagar panchayats that went to polls on December 2 crossed the 50% threshold set by the Constitutional Court in K. Krishna Murthy v Union of India.
The Maharashtra State Election Commission, represented by senior advocate Balbir Singh, recognized the violation of the 50% threshold in 57 seats.
However, Chief Justice Kant verbally said that the court would still allow the election to be held. “The 57 seats will depend on the outcome of this proceeding. Any further elections that you (Election Commission) announce must be in accordance with the 50 per cent ceiling,” the CJI observed.
Elections are yet to be announced in 32 zilla panchayats, 29 municipal corporations and more than 330 panchayat samitis in Maharashtra.
Grassroots revival
“Institutions at the grassroots level must be revived. People are not getting their representatives (in local bodies). They are all run by bureaucrats. We will allow elections to be held,” Chief Justice Kant explained why the polls should be held.
Local body elections in the state are on hold from 2022 due to a legal dispute over the implementation of the OBC reservation.
While listing the case on November 27, the CJI assured that the court would suggest a “workable arrangement” under which elections could be held after “ironing out the creases” through an interim order. It also asked the State Election Commission to provide a broad outline of the percentage of OBCs in the 57 local bodies.
Senior advocate Vikas Singh, for petitioner Rahul Ramesh Wagh and others, argued that the state is holding elections as per the 2022 JK Banthia Commission report, which recommended a 27% quota for OBCs. “If this happens, the total booking would increase to 70 percent,” he said.
Ms. Jaising, on the other hand, said that the OBC communities should not be deprived of adequate political representation.
“OBCs must get adequate representation, but it comes at the cost of all being excluded, or is it that they can be accommodated and others can also be reasonably accommodated. We have to find out how to balance that,” the CJI told the State Election Commission.
The bench said it would look into whether the “grey areas” around the 50% reservation restriction in local body elections should be referred to the Constitution Committee. The court questioned whether “service jurisprudence” should be applied to the election.
Published – 25 Nov 2025 21:32 IST
