After the cabinet meeting at the residence of Chief Minister Ashok Gehlot on Monday evening, the Rajasthan government said in an official statement that there is a need to reconsider the 50% cap on reservation.
Last week, the Supreme Court sought the opinion of the states whether they were in favor of granting caste-based reservation beyond the 50 per cent ceiling in the 1992 judgment of a nine-judge bench known as the Indra Sawhney Case.
In the meeting, the state cabinet discussed the approach sought by all the states during the hearing of the petition under consideration of the 50% reservation limit by the Supreme Court and more than 50% reservation only in specific circumstances. The cabinet expressed its opinion that in the Indira Sawhney case of 1992, there is a need to reconsider the decision of 50% limit for reservation read the statement.
The statement said that along with the 102nd Constitutional Amendment, the legislative power of the states has fallen. The cabinet approved the submission of this effect of the state government to the Supreme Court.
Over the years, several states like Maharashtra, Tamil Nadu, Haryana and Chhattisgarh have crossed the 50% reservation figure and are challenging the apex court.
Indira Sawhney’s decision specifically stated that 50% will be the rule and it can be relaxed only in “exceptional circumstances”.