SC restrains Raj from bringing Gujjar quota
In a setback to the Rajasthan government, the Supreme Court said on Wednesday that the state cannot cross the 50% ceiling while providing reservation to backward classes.
A bench headed by Chief Justice of India Dipak Misra issued the direction while disposing of Rajasthan government’s appeal against a high court order prohibiting the government from enacting the provisions in the OBC reservation bill, 2017.
The Bill sought to increase the ceiling of the quota beyond 50% to benefit the agitating Gujjars and four other communities. The HC order was passed on November 9.
The apex court however accepted the government stand that the high court could not have stopped the legislative process and set aside that portion of the order.
“..taking into consideration the facts and circumstances of the case and various decisions of this Court, we are inclined to restrain the state government from taking any action or decision on the administrative side or in any manner conferring the benefit of reservation, which will have the result of crossing the total reservation beyond 50%,” SC ordered.
This direction will operate until the HC decides the petition challenging the promulgation of the Bill.
Rajasthan high court had taken the view that the state must take prior permission of the top court before going ahead with introducing the new provisions that would have breached the ceiling that the SC fixed for reservation.
The high court criticised the state for adopting a “populist approach,” saying it must proceed to get the Constitution amended instead of bringing piecemeal legislation.
The Rajasthan Assembly had passed the Bill last month.
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