In the case of Vikas KishanRao Gawali vs _________, in January 2021, the Supreme Court observed that OBC reservation cannot exceed 50%.
Show answer & explanation
Correct answer: B
Explanation
The correct answer is option 2 i.e. State of Maharashtra.
- The Supreme Court gave the triple-test formula to create OBC reservation in local body elections in the judgement of Vikas Kishanrao Gawali Vs. State of Maharashtra (2021).
- The three tests laid down by the Supreme Court are:
(1) to set up a dedicated Commission to conduct contemporaneous rigorous empirical inquiry into the nature and implications of the backwardness qua local bodies, within the state;
(2) to specify the proportion of reservation required to be provisioned local body wise in light of recommendations of the Commission, so as not to fall foul of overbreadth;
(3) in any case such reservation shall not exceed aggregate of 50 per cent of the total seats reserved in favour of SCs/STs/OBCs taken together.