Madhya Pradesh Assembly has passed the Madhya Pradesh Public Service
(Reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes)
Amendment Bill 2019.
bill raises the reservation in government jobs and education for Other Backward
Classes (OBC) to 27% from the present 14%.
13% more reservation for OBCs along with the 10% quota for economically weaker
sections (EWS) in government jobs takes the total reservation in Madhya Pradesh
to 73%.This has breached the 50% cap on reservation imposed by the Supreme
Court in 1992.
Supreme Court in the Indira Sawhney case (1992), had held that the power
conferred to the State by Clause (4) of Article 16 should be exercised in a
fair manner and within reasonable limits. The court upheld that reservation
under Clause (4) shall not exceed 50% of the appointments or posts, barring
certain extraordinary situations
16 (4) empowers the State to make provision for the reservation of appointments
or posts in favour of any backward class of citizens which, in the opinion of
the State, is inadequately represented in public employment.