The BRICS TimesSC Demands Scrutiny of J.K. Banthia Commission Report, Citing Pending Court Review
SC Warns Against Exceeding 50% Quota
The Supreme Court, hearing a case on Maharashtra’s reservation, issued a strong warning on Monday, November 17, 2025. The court stated it might halt local body elections if the 50 percent reservation cap is violated. The total reservation for Scheduled Castes (SC), Scheduled Tribes (ST), and Other Backward Classes (OBC) must not exceed the 50 percent limit.
This warning comes just before the scrutiny of nomination papers for the civic polls begins on Tuesday. The bench of Justices Surya Kant and Joymalya Bagchi was informed about the issue. They heard that some bodies have surpassed the 27 percent OBC reservation limit. This violation contravenes the Supreme Court’s order of May 6.
The Banthia Commission Controversy
The May 6 order had instructed the Election Commission to follow pre-J.K. Banthia Commission OBC guidelines. The Banthia Commission report came out in July 2022. Senior Advocate Vikas Singh, representing the petitioners, argued his case. He said the state is conducting elections based on the Banthia Commission report. This report includes a 27 percent quota for OBCs. He warned that this might push the total reservation beyond 70 percent.
The Supreme Court issued notices on the petitions. These petitions allege that reservation reached up to 70 percent in some local body polls. The court observed that the administration had misunderstood its order on OBC reservation in elections.
Court’s Stance on Banthia Report and Quota
The court also emphasized that its side must examine the J.K. Banthia Commission report. The judges clarified they do not want to stop the elections. However, they cannot ignore the breach of the 50 percent reservation limit. Solicitor General Tushar Mehta, appearing for Maharashtra, requested a new hearing date. The bench scheduled the matter for November 19. It strictly instructed the state government not to exceed the 50 percent cap.
“If the argument is that nominations have begun, and the court should stop its work, then we will stay the election,” the Supreme Court asserted firmly. “Do not test the powers of this court.” The bench further stated, “We never intended to cross the 50 percent reservation limit. This limit was set by our Constitution Bench. We cannot do this while sitting in a two-judge bench. The Banthia Commission report is still pending before the court. We only permitted elections based on the prior status.”
Misinterpretation of Court Orders
SG Tushar Mehta mentioned Monday was the last date for filing nominations. He referenced the Supreme Court’s May 6 order, which cleared the path for the elections. Justice Bagchi responded, “We were completely aware of the situation. We indicated that the pre-Banthia status could continue. But does that allow a blanket 27 percent exemption for everyone?” He concluded, “If so, our direction contradicts this court’s previous order. That would mean this order opposes another order.”
