The Rajasthan government has passed the Rajasthan Backward Classes (Reservation of Seats in Educational Institutes in the State and of Appointments and Posts in Services under the State) Amendment Bill, 2019. The bill comes in the backdrop of two similar bills passed in 2015 and 2017 which were struck down by the Rajasthan High Court.
The bill seeks to provide 5% reservation to Gujjars, Banjaras, Gadia Lohars, Raikas and Gadaria. At present, the communities are provided 1% reservation under More Backward Classes (MBC).
The bill has increased the OBC reservation in Rajasthan from the present 21% to 26%. It has also increased the income limit for defining creamy layer in OBC from Rs. 2.5 lakh to Rs. 8 lakh/annum.
The Rajasthan government has also passed a resolution requesting the Centre to include the bill in Schedule IX of the Indian Constitution. This is because Rajasthan has breached the 50% cap on reservations set by the Supreme Court. A law enacted and included in the Ninth Schedule gets protection under Article 31-B (validation of certain Acts and Regulations) and is not subject to judicial review. However, in 2007, the Supreme Court ruled that all laws including those in the Ninth Schedule would be open to judicial review if they violated the basic structure of the constitution.