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CAN BIHAR INCREASE ITS RESERVATION POOL?
Why in News
- Recently, Bihar 75% Reservation Bill Breaks the Glass Ceiling.
Source: The Quint
Source: The QuintBihar’s Recent Legislation
- Increased Quota: Governor-approved laws raise reservations to 75% in Bihar for jobs and education.
- Allocation Breakdown: 20% for SC, 2% for ST, 18% for OBC, 25% for EBC, and 10% for EWS.
Understanding the 50% Rule
- Historical Context: Supreme Court’s stance limits reservations to 50% of total seats/posts.
- 1963 Ruling: Reservations are exceptions under the constitutional scheme, capped at 50%.
Exceptions to the Rule
- Mandal Commission (1990): Affirms the 50% limit but permits exceptions for communities marginalized from the social mainstream.
- EWS Quota Addition: Supreme Court upholds 10% EWS reservation under the 103rd Constitutional Amendment, extending the limit to 60%.
Bihar’s Legislative Context
- Caste-based Census: Conducted in Bihar in 2023, followed by the introduction of laws increasing reservations.
- Breaching the Limit: Bihar’s laws surpass the 50% (now 60%) threshold, requiring justification based on marginalized communities’ inclusion.
Challenges Ahead
- Motivation Behind Laws: Bihar’s move linked to caste Census results; however, courts emphasize “adequate” representation over “proportionate” representation.
- Legal Precedents: Previous attempts by states, like Maharashtra and Rajasthan, breaching the 50% limit, have been overturned by courts.
Future Prospects
- Legal Scrutiny Expected: Bihar laws likely to face Supreme Court scrutiny, possibly challenging the 50% reservation ceiling.
Potential Reevaluation: Possibility of the court revisiting the 50% limit remains uncertain amid the precedent of breaching states.
