The issue of 27% reservation for Other Backward Classes (OBCs) in Madhya Pradesh has once again triggered a political face-off between the Congress and the Bharatiya Janata Party. Rajya Sabha MP and senior advocate Vivek Tankha said the State Government should have presented sufficient facts and data in the High Court to defend the quota. Public Works Minister Rakesh Singh, meanwhile, blamed the Congress for the present situation and alleged that it had failed to prepare a proper law on the issue. Tankha, who arrived in Jabalpur on a one-day visit on Saturday said the Congress Government had increased OBC reservation from 14% to 27% through an ordinance. After the change of Government, it became the BJP Government’s responsibility to defend the decision in court. He said political claims alone were not enough to defend reservation in court. The Government needed to present strong facts and figures to support its case.

 

The High Court’s decision suggested that the required data had not been presented effectively, he said. He added that the outcome might have been different if sufficient evidence had been placed before the court. Referring to the Indra Sawhney case, Tankha said the Supreme Court had generally set a 50% limit on reservation. Any reservation beyond this limit requires proof of exceptional circumstances through reliable numerical data. He said the State Government had a major role in the case because the relevant data and administrative records were available with it. The primary responsibility for defending a law or ordinance passed by the Government rested with the Government itself. Tankha said the State Government’s decision to file a special leave petition (SLP) in the Supreme Court was appropriate. He said the Government should now present sufficient data, facts and legal grounds to defend the 27% quota. Meanwhile, Rakesh Singh accused the Congress of mishandling the issue. He alleged that the Congress Government had prepared the reservation bill in haste and left several shortcomings in it. Singh said the High Court order had also pointed to shortcomings in the bill, which had contributed to the present situation. The statements from the two leaders have renewed the political debate over OBC reservation in Madhya Pradesh, with both parties blaming each other for the legal setbacks.