Reservation list revision: Kerala govt faces HC ire; court seeks affidavit by September 8

KOCHI: The Kerala High Court has criticised the state government for failing to file an affidavit detailing the steps taken to update the reservation list and ensure eligible members of backward communities receive reservation benefits.
A Division Bench comprising Chief Justice Soumen Sen and Justice V.M. Shyamkumar said the failure to submit the affidavit despite the court's direction amounted to a lapse.

The court had earlier directed that a socio-economic survey be completed on an urgent basis to facilitate the revision of the reservation list so that eligible members of backward communities receive the benefits of reservation. The Bench was considering a contempt petition filed by the Minority Indians Planning and Vigilance Commission Trust alleging non-compliance with the order.

While the Union Ministry of Social Justice had filed an affidavit as directed by the court, the state government had failed to do so. The court directed the Director of Backward Development and the Secretary of the Backward Classes Commission to rectify the lapse and submit the affidavit by September 8.

The High Court had ordered in 2020 that the survey be conducted and the reservation list revised within six months. In its affidavit, however, the Centre said that following the 2021 constitutional amendment, state governments had the power to prepare lists of persons who are socially and educationally backward.

The Centre also said states had the authority to determine eligibility based on the circumstances prevailing in each state and prepare separate lists. It said the necessary constitutional and legal steps had been taken to implement the court's order.

The Centre informed the court that data collected as part of the 2011 Socio-Economic and Caste Census had been handed over to the chairman of the Kerala State Backward Classes Commission on May 23, 2023. The commission has also confirmed receipt of the data.

The court directed the state government to submit its response after taking into consideration the details contained in the Centre's affidavit.
The petition will be considered again on September 11.