'Backward Classes More Than 50% Of Population' : Madhya Pradesh Govt Defends Increase Of OBC Quota To 27% In Supreme Court

The Madhya Pradesh Government has strongly defended its decision to raise reservation for Other Backward Classes (OBCs) from 14% to 27%, telling the Supreme Court that backward communities collectively make up more than 85% of the State's population and remain severely disadvantaged despite their overwhelming demographic presence.

In its affidavit filed on September 23, the State relied on the 2011 Census, which shows Scheduled Castes (SCs) constituting 15.6%, Scheduled Tribes (STs) 21.1%, and OBCs over 51% of the population. A 2022 report of the OBC Commission further substantiated that OBCs alone comprise more than half the State's population. Thus, according to the State, disadvantaged groups together account for over 87% of Madhya Pradesh's population.

Yet, the government said, OBCs were earlier restricted to only 14% reservation, which was “wholly disproportionate” to their demographic share as well as their social and educational backwardness. The enhancement to 27%, it argued, is not only justified but is also a “constitutionally mandated corrective step.”

The affidavit was filed in response to the petitions challenging the validity of Section 4 of Madhya Pradesh Lok Seva (Reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes)  Act, 1994 as amended by the  2019 Amendment Act, by which the reservation in favour of OBCs has been enhanced from 14% to 27% on all posts in the services of the State.

In 2022, the Madhya Pradesh High Court passed an interim order restraining the State from providing OBC reservation beyond 14% and staying the December 2019 Rules. In 2024, the petitions were transferred to the Supreme Court. The Supreme Court did not vacate the High Court's order and posted the matters for final hearing in October 2025.

Since Scheduled Castes have 16% and Scheduled Tribes have 20% reservation in MP, raising the OBC reservation to 27% will take the reservation beyond the 50% ceiling. Along with the 10% EWS Quota, the total reservation will then become 73%.

In Madhya Pradesh, the 2011 Census reveals that Scheduled Castes constitute 15.6%, Scheduled Tribes 21.1%, and Other Backward Classes more than 51% of the total population. Yet another report of OBC Commission, Madhya Pradesh of the year 2022 further substantiates the population figure of other backward classes is more than 50 % in state. Thus, disadvantaged communities collectively comprise over 87% of the State's population. Yet, OBCs were earlier confined to only 14% reservation, which is wholly disproportionate to their demographic share and their actual educational and social backwardness. Hence, the enhancement to 27% is a constitutionally mandated corrective step - State's affidavit.

The affidavit stressed that the Indra Sawhney judgment (1992) permits exceeding the 50% ceiling in “extraordinary circumstances,” including overwhelming backwardness and regional imbalances. “The case of Madhya Pradesh falls squarely within these exceptional situations,” the State submitted.

Citing multiple data sets, the State asserted that OBCs in Madhya Pradesh continue to suffer from “entrenched and multi-dimensional backwardness” - social, educational, economic, and political - that severely impairs their ability to compete with privileged groups. This, it said, translates into systemic exclusion, discrimination, and deprivation.

Despite forming nearly half of the population, OBCs have negligible representation in higher State services, the Commission's findings revealed. They also continue to face pervasive caste discrimination, denial of access to public spaces, and food-based ostracism.

Emphasizing that these conditions reflect deep structural exclusion, the State told the apex court that OBCs remain “out of the mainstream of national life” and require enhanced protective measures.

As per the commission's reports, economically, members of backward classes suffer adverse impacts from industrialization on traditional occupations, exploited labor conditions due to debt bondage, and lack of presence in medium or large scale business enterprises. The absence of meaningful economic advancement signifies structural barriers, justifying affirmative action beyond conventional limits - State's affidavit.

The affidavit also extensively relied on the findings of the Mahajan Commission set up in 1980 by the State Government. After survey, the Commission concluded that a 35% reservation should be made in favour of OBCs in both state services and admissions to educational institution.

The 1994 Reservation Act (Madhya Pradesh Lok Seva Act), however, initially provided only 14% OBC quota. The Madhya Pradesh Backward Classes Commission, in successive reports between 1996 and 2001, repeatedly urged that the quota be increased to between 27% and 35%. In 2019, the State promulgated an Ordinance, later enacted into law, enhancing the quota to 27% by relying on these earlier findings. The affidavit also referred to a 2023 socio-economic study by Dr. B.R. Ambedkar Social Sciences University, which highlighted persistent disadvantages faced by OBCs, including caste-based segregation, poor educational attainment, economic vulnerability, and weak political representation.

The affidavit also drew attention to the administrative stalemate created by interim orders of the courts, noting that since 2022, recruitment processes in several departments have been paralysed, leaving over 4,700 posts vacant in the Public Service Commission and the Employee Selection Board. It claimed that the State is suffering “irreparable injury” as a result of the stalled selections and urged the Supreme Court to permit appointments under the enhanced quota, subject to the final outcome of the case.

The matter will be heard by a bench comprising Justice PS Narasimha and Justice AS Chandurkar on October 8.

Case : Shivam Gautam v. State of MP and others | T.C (Civil) No. 7/2025