Bihar Reservation Act

Context

• In December 2023, the Bihar Assembly passed new Reservation Laws, raising the reservations in jobs and education to 75%, surpassing the Supreme Court's prescribed 50% limit
• The 50% limit prescribed in the Mandal Commission case (Indra Sawhney, 1992).

Key Highlights

1. The two laws are:

• Bihar Reservation of Vacancies in Posts and Services (for Scheduled Castes, Scheduled Tribes, and Other Backward Classes) Amendment Act-2023 and
• Bihar (in admission in educational institutions) Reservation Amendment Act, 2023.

2. Revised reservations include 20% for Scheduled Castes, 2% for Scheduled Tribes, 18% for Backward Classes, 25% for Extremely Backward Classes, and 10% for economically weaker general category (EWS).

Understanding the 50% Rule

1. Historical principle limiting reservations to 50% of total seats or positions.
2. Originated from the 1963 M.R. In The Balaji case, viewing reservations as an "exception" under the constitutional framework.
3. Evolution in 1976 recognized reservations as a component of equality but retained the 50% cap.
4. The Mandal commission case in 1990 reaffirmed the binding 50% limit, with exceptions for specific circumstances, particularly for marginalized communities.

Recent Developments and Exceptions

1. Additional 10% EWS reservation validated by the Supreme Court under the 103rd Constitutional Amendment.
2. The 50% limit applies only to non-EWS reservations, allowing States to reserve up to 60% of seats/posts including EWS reservations.

Other States Crossing the Limit

1. States like Chhattisgarh (72%), Tamil Nadu (69%), and several northeastern States (Arunachal Pradesh, Meghalaya, Mizoram, Nagaland - 80% each) have exceeded the 50% limit.
2. Lakshadweep has 100% reservations for Scheduled Tribes.
3. Previous attempts by Maharashtra and Rajasthan to breach the limit were struck down by the courts.

Issues Surrounding Reservation Policies

1. Caste-based Mobilization: Risk of political parties exploiting slogans for specific caste-based mobilization.
2. Formation of Caste Identities: Concerns about reservation increases leading to further popularization of caste identities and a fragmented polity.
3. Exploitation for Electoral Politics: Potential for exploitation by individuals, political parties, or groups with vested interests for electoral gains.
4. Challenges in Defining OBCs: Administrative category OBCs require sub-categorization, posing challenges and conceptual ambiguities.
5. Political and Social Implications: Sub-categorization may trigger political debates and implications on the inclusion of specific castes.

Way Forward

1. Revaluation of 50% Cap: Courts to reassess the 50% reservation cap, considering evolving social dynamics and the changing socio-economic landscape.
2. Broader Criteria for Exceptions: Explore expanding exceptions beyond social exclusion, considering broader criteria for historically disadvantaged communities, irrespective of geography.
3. Review of Existing Policies: Conduct a detailed review of existing reservation policies to assess effectiveness, impact, and alignment with current societal needs.

Conclusion

Revisiting reservation ceilings is essential to enhance the socio-economic conditions of marginalized communities. Striking a balance between inclusivity and administrative efficiency is crucial for crafting effective and equitable reservation policies.

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