A group of petitioners has moved the Supreme Court challenging the Gujarat Local Authorities Laws (Amendment) Act, 2023, which raised the reservation for Other Backwards Classes (OBCs) in local bodies from 10% to 27%.
Filed under Article 32 of the Constitution, the petition argues that the law violates constitutional norms, lacks empirical justification, and defies past Supreme Court rulings related to OBC reservations in electoral processes.
Commission’s Report Withheld from Public Domain
The petitioners, led by Vora Jaimin, stated that the Gujarat government formed a Commission under retired Justice KS Jhaveri in July 2022 to study the issue. However, it has not made the Commission’s April 2023 report public.
“The absence of this report in the public domain makes the basis of the law unverifiable,” said the plea filed through advocate Sudhanshu Prakash. “Without access to this data, no one can evaluate the legality or necessity of the 27% reservation.”
The petitioners claimed that the Gujarat government did not follow the ‘triple test’ mandated by the Supreme Court. This test was outlined in the Vikas Kishanrao Gawali vs State of Maharashtra case.
The test requires:
- A dedicated Commission to conduct an empirical study,
- Reservation quotas are specified for each local body based on that study, and
- A cap ensuring total reservation for SCs, STs, and OBCs does not exceed 50%.
The petition criticised the mechanical adoption of the 27% quota. It argued that this reflects service-based quotas rather than actual political representation needs in local governance.
The unreserved category aspirants argued that the increased quota bars them from contesting the upcoming local body elections.
They urged the court to strike down the amendment. They also sought clear criteria for identifying political backwardness among OBCs before setting any quota.
Supreme Court Bench to Hear Matter on August 4
As per the Supreme Court causelist, a Bench comprising Justices Surya Kant and Joymalya Bagchi will hear the petition on Monday, August 4.
The petitioners have, however, requested urgent intervention given the imminent elections and the potential implications of the law on electoral participation.
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