The recent passing of the Bihar Reservation Laws has triggered intense debate in India due to its surpassing the conventional 50% limit for reservations in jobs and education, a rule upheld by the Supreme Court (SC). The fresh legislation escalates the reservation quota to 75% in Bihar State, thus breaching the “50%” ceiling established by the SC in the Mandal Commission case.
Key Highlights of the Bihar Reservation Laws
The Bihar Reservation Laws consist of two major components: the Bihar Reservation of Vacancies in Posts and Services Amendment Act-2023, and the Bihar Reservation Amendment Act, 2023. These legislations aim to increase opportunities for Scheduled Castes, Scheduled Tribes, and Other Backward Classes in various sectors.
According to the new law, the total reservation will amount to 65%, comprising 20% for Scheduled Castes, 2% for Scheduled Tribes, 18% for Backward Classes, and 25% for Extremely Backward Classes. Simultaneously, the Economically Weaker Sections (EWS) from the general category will maintain their previously approved 10% reservation under the Central Act.
The 50% Rule Explained
Historically, the Supreme Court has maintained that reservations should not exceed 50% of the total available seats or positions. This principle was first established in the 1963 M.R. Balaji case by a seven-judge bench. It was projected that reservations were an exception or a special provision under the constitutional framework, hence the restriction to 50%.
However, the view evolved in 1976 acknowledging reservations as a component of equality rather than an exception. Despite the change in perspective, the 50% limit stayed intact.
In 1990, the Mandal commission case reaffirmed the 50% limit as unalterable. Additionally, the Supreme Court sanctioned an extra 10% reservation for Economically Weaker Sections, raising the limit to 60% for non-EWS reservations in 2019.
States Surpassing the 50% Limit
Several states have already exceeded the 50% limit, including EWS quota. Notable examples are Chhattisgarh with a 72% reservation, Tamil Nadu with 69%, and north-eastern states like Arunachal Pradesh, Meghalaya, Mizoram, and Nagaland each with 80%. Lakshadweep has set a unique precedent with 100% reservations for Scheduled Tribes.
However, previous attempts by Maharashtra and Rajasthan to breach the limit have been overruled by the courts.
Constitutional Amendments and Reservation
Over the years, several constitutional amendments have been made to address the issues of reservation. The Indra Sawhney verdict held that there would be reservation only in initial appointments and not promotions. This was subsequently altered by the 77th Constitutional Amendment Act, 1995.
The 81st Constitutional Amendment Act, 2000 introduced article 16(4B), providing for carried forward quotas to be treated separately. The 85th Constitutional Amendment Act, 2001 enabled the application of ‘consequential seniority’ for government servants from SCs and STs.
Finally, the 103rd amendment to the Constitution in 2019 provided a 10% reservation for Economically Weaker Section (EWS).
The Way Forward
Considering evolving social dynamics, equity principles, and the changing socio-economic landscape, it’s crucial for the courts to reevaluate the 50% reservation cap. There is a need for broadening the exceptions beyond social exclusion to include wider criteria for communities facing historical disadvantages. A detailed review of current reservation policies is warranted to assess their effectiveness, impact, and alignment with societal needs.
