Congress’ plan for Patidars: Quota outside existing 49%

After discussions with senior leader Kapil Sibal, the Gujarat Congress is now speaking of offering a new quota to the Patidars under Article 31and 38(2) of the Constitution, though it would not be within the 49% existing quotas for the reserved categories.

A source in the Congress leadership said, “There are protections under Article 31that cannot be challenged in a court of law. A state can bring a law to fulfil the constitutional responsibility of the state government.”


“We have made categorically clear,” said the source, “that we will not make any change in the current 49% ceiling for SC, ST and OBC quota. But we will bring a new law for 20% new reservation separate from these.”

The source said, “Our proposed new reservation will not be caste-based but need-based. All benefits will be at par with OBC reservation, and Patidars will also get same benefits.”

When contacted, Bharatsinh Solanki, Gujarat Congress president, said, “Kapil Sibal ji proposed various options under which Patidar and other communities can get benefit of reservation.”

Solanki added, “Under Article 31, 38(2) (Congress proposed first in a Private Member bill in the assembly for EBC) and few other alternatives, the state assembly can pass a law and send it for approval of the President of India, which cannot be challenged in a court.” Making clear the Congress’s stand, she said, “What we proposed is apart from present 49%... We have proposed a new quota valid under the Constitution”

A Congress source said, “The present reservation system is under the Article 15(4) and 16(4) of the Constitution but what Congress has proposed is different. Patidar Anamat Andolan Samiti (PAAS) has expressed satisfaction over our proposal but they have said that before taking any call they will talk to their community leaders, their legal experts and Hardik Patel into confidence.”

Nitin Patel, deputy CM, asked, “Why did Gujarat Congress and PAAS not make any statement about what they discussed with Kapil Sibal till 3.00am... They must tell the Patidar community and OBC community their stand on the reservation.”