Joining a select few other states like Tamil Nadu where the percentage of caste-based reservation in education and government employment has surpassed 50%, the Bihar government announced on Tuesday that it will be raising the quota from 50% to 65%. The Bihar Reservation of Vacancies in Posts and Services Amendment Bill and the Bihar Reservation (Admission In Educational Institutions) Amendment Bill, 2023, both aim to increase the reservation. Governor Rajendra Vishwanath Arlekar signed both of these bills into law on November 18, days before the gazette notice was published. This could potentially cause a shake-up in heartland politics and make caste a major polling element for the general elections that will take place in the summer.
“On analysis of data collected during caste-based survey 2022-23, it is apparent that large section of backward classes, scheduled caste and scheduled tribe need to be promoted for them to catch up to satisfy cherished aim in the Constitution of equality in opportunity and status,” the government stated in its gazette notification.
“…members of SC/ST and other backward classes have remained deprived and marginalised for centuries. Though affirmative action has led to improvement in their life to certain extent, the ultimate goal of equality has not yet been achieved. It further strengthens the perception that in addition to measures already in place, the State is required to take further measures to accelerate ultimate object of proportional equality,” it continued.
“Provisions of the hiked quotas in state government jobs and educational institutions should be implemented in letter and spirit for the benefit of those who need it,” the chief minister’s office stated in a statement later.
Chief Minister Nitish Kumar further stated in the release that “based on the findings of the caste-based survey report, ₹2 lakh will be provided as a one-time financial assistance to the 94 lakh families who earn less than ₹6,000 per month in the state.” It also stated that the homeless families among these will receive ₹1 lakh in financial aid to buy land on which to build their homes.
In order to increase the overall amount of caste-based reservations to 65%, the two laws increased the quotas for Scheduled Castes (SC) from 16% to 20%, Scheduled Tribes (STs) from 1% to 2%, Extremely Backward Castes (EBCs) from 18% to 25%, and Other Backward Classes (OBCs) from 15% to 18%.
Indeed, after accounting for the 10% quota for economically disadvantaged groups (EWS), the overall percentage of reservation in employment and educational institutions will be 75%.
On November 9, the assembly unanimously approved the bills following the government’s presentation of a thorough analysis of the state’s historic caste survey, which revealed that marginalised castes fared worse economically and socially than general categories—categories that were also found to be disproportionately represented in government employment and among educated people.
Due to its exceeding of the 50% ceiling set by the Supreme Court in the 1992 Indra Sawhney case (often referred to as the Mandal Commission case), the plan to increase reservation benefits may find itself in court.
Tamil Nadu now guarantees 69% reservation for specific groups
There is now a law in Tamil Nadu that guarantees 69% reservation for specific groups. Despite a current legal challenge before the highest court, this statute has been spared thus far because it was enacted with presidential consent in 1993 and placed in the Constitution’s Ninth Schedule, which offers very narrow judicial review powers.
The 10% EWS quota was upheld by the Supreme Court in November 2022, and this ruling also had an impact on the 50% reservation cap. The 50% reservation ceiling was deemed “not inviolable or inflexible” by the majority ruling at the time, which represented a paradigm shift from the thumb rule that had previously controlled reservations in India and prohibited governments from adopting quotas that raise the proportion above 50%. The 3-2 opinion stated that the 50% ceiling could only be applied to the then-current provisions of the Constitution and could not be extended to the 2019 amendment or any other later legislation.
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