Maha Governor Koshyari gives assent to OBC reservation bill

The state government hopes that the OBC reservation in the state will be restored with the help of the newly enacted law if the Supreme Court approves it during the hearing on February 8.

Mumbai: Governor Bhagat Singh Koshyari on Tuesday gave his assent to a Bill providing up to 27 percent reservation to Other Backward Classes (OBC) community in rural local bodies in Maharashtra.

The second Bill for OBC reservation in urban local bodies is yet to be cleared by the governor. (ANI)

Koshyari had on Monday returned the bill to the state rural development department saying that the matter is sub-judice. He cleared it only after the state government undertook an exercise to convince him of its legal importance.

The state government hopes that the OBC reservation in the state will be restored with the help of the newly enacted law if the Supreme Court approves it during the hearing on February 8.

“Supreme Court has kept the next hearing on the matter on February 8. Before that, we are expecting an interim report from Maharashtra State Backward Class Commission (MSBCC). The interim report along with the newly enacted law will be placed before the apex court. The court will also be explained that on an average the OBC will get only 20 percent reservation owing to the new law as it will differ from district to district,” NCP Minister Chhagan Bhujbal said after meeting the governor along with Rural Development Minister Hasan Mushrif on Tuesday evening.

On September 23, the state promulgated an ordinance to amend two legislations — Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961, and Maharashtra Village Panchayat Act for Zilla Parishads, Panchayat Samiti and Gram Panchayats — to ensure up to 27 percent reservation for OBC candidates.

This was done after the top court struck down a legal provision that granted exactly 27 percent political reservation on the grounds that it exceeded the 50 percent ceiling when taken together with constitutionally guaranteed reservations provided to Scheduled Caste and Scheduled Tribes (SC, ST) candidates.

“After the governor returned the Bill, I spoke to NCP chief Sharad Pawar. He advised me to meet the governor and try to clear the misunderstanding if any. Similar advice was given by the Chief Minister. A group of senior officials also met Koshyari before us and explained to him why it needed to be approved,” Bhujbal said.

Bhujbal also spoke to the Leader of Opposition Devendra Fadnavis and explained the matter to him.

Uday Warunjikar, a legal expert, said that the state assembly or the parliament has the power to pass new legislation even after a judgment passed by the Supreme Court provided that its observations have been taken into consideration.

“The Constitution has given a check and balance theory. Therefore, even if a judgment is delivered by the SC, the Parliament or assembly can pass new legislation after taking into consideration the observations made by SC. It is required to check whether the observations have been considered or not in the new act. If they are considered, then it can stand to the scrutiny of the apex court and if not then it may get struck down once again,” Warunjikar told Hindustan Times.

The second Bill for OBC reservation in urban local bodies is yet to be cleared by the governor.