Can Bihar increase its reservation pool?

CategoryPolity

Last Updated13/12/2023

With the declaration of Caste Census data in the State of Bihar in October, recently Bihar government has passed two laws increasing the quantum of reservations in jobs and education in the State to 75% on which has sparked the debate around the permissible limits of reservation in India.

Bihar has recently approved two laws increasing reservations in jobs and education in the State to 75% which includes:
- 20% for Scheduled Castes,
- 2% for Scheduled Tribes,
- 18% for Other Backward Classes,
- 25% for Extremely Backward Classes,
- 10% for economically weaker sections (EWS).
Whereas the permissible limits of reservations in India is “50%”, prescribed by the Supreme Court of India in the Mandal Commission case (Indra Sawhney, 1992).
- SC has emphasised on “adequate” representation of the oppressed classes as opposed to “proportionate representation”.

In 1963 the SC said that reservations were “exception“ or “special provision“ under our constitutional scheme. Therefore, they cannot exceed 50% of the posts or seats.
In 1976 reservations was recognised as a facet of equality rather than an exception to it — the 50% limit has remained unaltered.
In 1990, in the Mandal commission case reaffirmed the 50% limit and made it a binding rule with exceptions:
- A State can exceed the limit to provide reservations to far flung communities which are out of the mainstream of the society
The SC upheld the 103rd Constitutional Amendment which provides for 10% additional reservations to the EWS.

Exceeding the reservation ceiling of the 50% (now 60%).
- Thus, if challenged in court, the government of Bihar will have to prove that there case falls within the exception under the Mandal Commission case.
The State government stated the intent is to increase the quantum of reservations in view of the results of the caste Census.
However, the SC has repeatedly upheld that the State cannot fix the quantum of reservation simply in proportion to the population of the reserved classes.
The only aim of reservations is to secure “adequate” representation of the depressed classes and not “proportionate” representation.