Nationalist Congress Party (NCP) chief Sharad Pawar on Monday said the constitution amendment bill enabling states to have their own OBC lists will be of no benefit because almost all states have crossed the 50 per cent cap on reservation.
Addressing media here, the NCP chief referred to the Supreme Court's 1992 ruling in the Indra Sawhney case, where it said that the total number of reserved seats/positions cannot exceed 50 per cent of what is available.
"Two days back Centre asked states to prepare a list over OBC reservation. Many people think that the reservation can be provided by the state governments. But they're being misled," Pawar said.
"The (Supreme) Court had taken an important decision and said that reservation over 50 per cent can't be given. Now, the Centre has said that the state government can prepare lists for OBC reservation and take a decision on it on their own level. But this will be of no benefit because almost all states have crossed the 50 per cent mark," he added.
The NCP chief said it is important to bring the information before the people.
The Parliament on August 11 unanimously passed the bill to restore the power of states and union territories to prepare and maintain their own list of socially and educationally backward classes (SEBCs).
The Constitution (One Hundred and Twenty-Seventh Amendment) Bill, 2021 was passed in Rajya Sabha amid demand from opposition parties for caste census and raising the cap on reservation above 50 per cent.
The bill was unanimously passed by Lok Sabha on August 10 following a division.
The Supreme Court had earlier this year struck down a Maharashtra law providing reservation to the Maratha community which took the quota in the state above 50 per cent ceiling.