'We Should Not Divide Society On Caste Lines': CJI Surya Kant In Maharashtra Local Body Elections Matter

"Whatever we do, we should not divide the society on caste lines," said Chief Justice of India Surya Kant today during the hearing of the Maharashtra local body elections matter.

The remark came as parties expressed concern over the possible exclusion of Other Backward Classes from representation in grassroots democracy if the 50% ceiling on reservations is insisted in the local body elections. Senior Advocate Indira Jaising, supporting the reservation, said that since many areas of Maharashtra have a substantial tribal population, the SC-ST reservation alone will constitute 50% in those regions, and hence, there will not be any space for OBC reservation. She also pointed out that no caste census has been conducted since 1931, but noted that a fresh census is now proposed, which would help determine the OBC population percentage.

Opining that OBCs cannot be completely excluded, CJI Kant remarked, "how can there be democracy by excluding OBCs?" Later, in passing, the judge voiced his belief that society must not be divided on caste lines.

When CJI Kant said that society should not be divided on caste lines, Jaising said that they were only asking for proportional representation.

Notably, this is not the first time CJI Kant has spoken against caste-divide. In February, while dealing with pleas seeking reservation in the Advocates' Association, Bengaluru for lawyers belonging to Scheduled Castes/Scheduled Tribes and backward communities, the judge conveyed that he would not permit Bar members to be divided on caste/religion lines. 

"We don't want the Bars to be divided on caste lines or religion lines...That is not our intention and that we are not going to allow also", said Justice Kant (now CJI).

Today, a bench of CJI Kant and Justice Joymalya Bagchi was dealing with the issue of implementation of the OBC reservation in the local body elections in Maharashtra, which have been stalled since 2021.

In December 2021, the Court had stayed the OBC reservation, saying that it can be implemented only after satisfying the 'triple-tests'. Later, the State Government constituted the Jayant Kumar Banthia Commission in March 2022 to examine the issue of OBC reservation in the local body polls. The Banthia Commission submitted its report in July 2022.

In May 2025, the Supreme Court directed the holding of the elections within four months by giving OBC reservation as per the law prior to the Banthia Commission report.

Last week, the Court noted that the State authorities had misconstrued this order to mean that reservations can exceed 50%. Clarifying that the direction to hold elections as per pre-Banthia situation was not a permission to cross the 50% limit, the bench had orally said that reservation should be within the ceiling limit.

A detailed report on today's hearing can be read here.

Case Title: RAHUL RAMESH WAGH Versus THE STATE OF MAHARASHTRA AND ORS., SLP(C) No. 19756/2021 (and connected cases)