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Bihar Reservation Bill- Bihar Crossed SC Limit By Raising Quota To 75%

Utkarsh Classes 09-11-2023
Bihar Reservation Bill- Bihar Crossed SC Limit By Raising Quota To 75% Bihar 6 min read

The cabinet led by Bihar Chief Minister Nitish Kumar approved a plan to increase the state's quota for Economically Weaker Sections (EWS), backward classes, and very backward classes to 75%. Following Nitish Kumar's suggestion to increase their quota during his speech in the Bihar Assembly, the action was taken. Caste quotas exceeded the Supreme Court's limit when the Reservation Amendment Bill was overwhelmingly approved by the Bihar Assembly. These changes pertain to the new state government employment and educational institution reservation policy. 

Bihar reservation Bill- Legislature Approval

  • The Cabinet led by Chief Minister Nitish Kumar approved a proposal to raise the state's reservation for Economically Weaker Sections (EWS), backward classes, and severely backward classes to 75% after the caste survey report was presented to the Bihar Legislature. 
  • According to Bihar's caste survey report, of the state's overall population of 13.07 crore, OBCs (27.13 per cent) and the very backward classes sub-group (36 per cent) accounted for a staggering 63 per cent, while SCs and STs collectively made up little over 21 per cent. 
  • Scheduled Castes and Tribes will receive a twenty-two percent reservation, instead of the sixteen and one percent they currently receive. 
  • In addition, eighteen and twenty-five percent of the total reserve has been set aside for OBC and EBC. However, they currently get profit from a twelve-and eighteen percent reserve.

Indra Sawhney Case

  • In the Indra Sawhney case, the Supreme Court upheld the 27% quota for lower castes while invalidating the government notice that reserved 10% of government employment for economically disadvantaged segments within the upper castes.
  • An important turning point in India's history of backward class reservation was the Supreme Court's decision in Indra Sawhney v. Union of India, 1992 & Ors. 
  • It was emphasised in the Indra Sawhney case that giving reservations to 60% of the population while leaving 40% of them unreserved will cause an imbalance in the way society is structured.

 

77th Constitutional Amendment Act, 1995

  • The Indra Sawhney decision said that there will be no reservation in initial appointments or promotions.
  • However, the state now has the authority to reserve seats for SC/ST personnel in matters of promotion if it believes they are underrepresented, thanks to the inclusion of Article 16(4A) to the Constitution.

103rd amendment to the Constitution (2019)

  • By changing Articles 15 and 16, it established an economic reserve (10% quota) for Economically Weaker Sections (EWS) in occupations and admissions to educational institutions. 
  • Both Article 15 (6) and Article 16 (6) were also added.
  • It was passed in order to further the welfare of the underprivileged who were not protected by the 50% reservation policy for Socially and Educationally Backward Classes (SEBC), SCs, and STs.

Breach of the Limit by the States 

  • Several states, including Maharashtra, Telangana, Tamil Nadu, Haryana, Chhattisgarh, Rajasthan, and Madhya Pradesh, have approved legislation that exceeds the fifty percent restriction, notwithstanding the Supreme Court's 1992 ruling in the Indira Sawhney case.
  • In State government positions and educational institutions, 69% of seats are reserved per the Tamil Nadu Reservation Act of 1993.
  • The governor of the former state of Andhra Pradesh announced in January 2000 that candidates from Scheduled Tribes (ST) would be granted 100% reservation for positions as school teachers in Scheduled Areas. However, the supreme court declared it to be unlawful.
  • The Maharashtra State Reservation for Socially and Educationally Backward Classes (SEBC) Act of 2018 was passed, bringing the state's reservation percentage over 50%. It gives the Maratha group 12% to 13% quota privileges.

FAQ

Answer. Bihar approved a proposal to raise the state's reservation for economically disadvantaged groups (EWS).

Answer. Under the Indra Sawhney case, the Supreme Court upheld the 27% quota for reservation.

Answer. State has the authority to reserve seats for SC/ST personnel in matters of promotion.

Answer. The 103rd amendment to the Constitution (2019) established an economic reservation (10% quota) for Economically Weaker Sections (EWS).
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