New Delhi: The Supreme Court on Wednesday set aside a Rajasthan High Court’s stay order issued on November 7 on the OBC reservation bill passed in October in the monsoon session of the state assembly, but with a rider that the state should not cross 50% cap on the quota until the High Court decides the writ petition.
The Bill increased the reservations in the state from 48% to 54% by raising the OBC quota from 21 to 26 per cent, to benefit not only Gujjars, but also the backward communities of Banjaras or Labana, Gadia or Luhar, Rabari and Gadaria communities.
The apex court has allowed the Rajasthan Government’s petition to the extent that a court cannot stop a legislative process.
While terming the legislation as a “populist” measure, the High Court had asked the state government to take prior permission of the Supreme Court before implementing the new provisions.
The Supreme Court said the state government will have to substantiate with data and prove the need to increase the quota for the OBCs, including Gujjars, if it wants to push the provision.
The High Court Bench of Justices KS Jhaveri and VS Vyas had criticised the government’s approach, saying it must get the Constitution amended, instead of bringing a piecemeal legislation.