- The Patna High Court set aside the amendments passed by Bihar to increase the reservation for Backward Classes (BC), Extremely Backward Classes (EBC), Scheduled Castes (SC) and Scheduled Tribes (ST) from 50% to 65% in educational institutions and government jobs in the State.
- The High Court considered the argument that after the caste survey, this decision on the reservation was taken based on the proportion of castes, and not based on adequate representation in government jobs.
Bihar Jaati Adharit Ganana (Bihar caste-based survey)
- The survey provided information on Bihar’s caste distribution: 27.13% OBC, 36.01% EBC, 19.65% Scheduled Caste, 1.68% Scheduled Tribe, and 15.52% General Caste.
- It also showed that Muslims make up 17.71% and Hindus 82% of the population. The total population of Bihar is 13 crores.
The Indian Constitution includes several provisions to ensure social justice and equality through reservations
- Article 15(4): Empowers the State to make special provisions for the advancement of socially and educationally backward classes, SCs, and STs (First Amendment, 1951).
- Article 15(5): Allows the State to make special provisions for the advancement of socially and educationally backward classes, SCs, and STs in educational admissions, excluding minority institutions (93rd Amendment, 2005).
- Article 15(6): Provides up to 10% reservation for economically weaker sections in educational institutions, excluding minority institutions (103rd Amendment, 2019).
- Article 16(4): Empowers the State to reserve appointments or posts for backward classes not adequately represented in public services.
- Article 16(4A): Allows reservations in promotions with consequential seniority for SCs and STs if underrepresented in government services (77th Amendment, 1995).
- Article 16(4B): Permits considering unfilled SC and ST vacancies as a separate class in succeeding years, bypassing the 50% reservation ceiling (81st Amendment, 2000).
- Articles 330 and 332: Reserve seats for SCs and STs in the Lok Sabha and State Legislative Assemblies.
- Article 243D: Ensures seat reservations for SCs and STs in Panchayats.
- Article 243T: Provides seat reservations for SCs and STs in Municipalities.
- Article 335: Mandates considering SC and ST claims in appointments to Union or State services while maintaining administrative efficiency.
- The Supreme Court, in the Indira Sawhney case, had imposed a cap of 50% on reservations.
- 65% reservation together with the 10% Economically Backward Class (EWS) quota, the Bill had pushed reservation in Bihar to 75%, well past the 50% ceiling set by the Supreme Court.
- The Indira Sawhney judgment (1992) upheld 27% reservation for OBCs based on the Mandal Commission’s recommendations and capped total reservations at 50%.
- It introduced the ‘creamy layer’ concept, excluding affluent OBCs from benefits, and ruled against reservation in promotions. The judgment called for periodic review and judicial scrutiny of backward class identification and suggested establishing permanent Backward Class Commissions.
- This landmark ruling balanced affirmative action with principles of equality and merit in India’s reservation policy.
Dig Deeper: Read about the delayed census at all India level and concerned authorities like the Office of Registrar General and Census Commissioner.
