The Supreme Court (SC) recently made a significant ruling concerning the rights of citizens from reserved categories in undivided states. This proclamation affects individuals who are eligible for benefits due to their social status, specifically those from Jharkhand or Bihar states.
Supreme Court’s Ruling on Reservation Rights
The SC announced that anyone from a reserved category in an undivided state is entitled to claim reservation benefits in either of the successor States. This decision came about when an individual from Jharkhand (a Scheduled Caste) contested a High Court order. He was denied appointment in the state civil service examination in 2007 as his address proof indicated he was a permanent resident of Patna, Bihar.
Under the Bihar Reorganisation Act, passed in 2000, Jharkhand was recognized as a separate state, detached from Bihar. Article 3 of the Constitution provides Parliament with the authority to make laws concerning the formation of new states and modification of existing ones.
Reservation Benefits Limited to One Successor State
Although the court has granted permission to claim reservation benefits in either Bihar or Jharkhand, individuals cannot demand these benefits in both states following their reorganization in November 2000. Such actions would violate Articles 341(1) and 342(1) of the Constitution.
Explanation and Application of Articles 341 and 342
Article 341 allows the President, following consultation with the Governor of a State or Union territory, to publicly identify the castes, races, or tribes which will be considered Scheduled Castes. Similarly, Article 342 permits the President to specify the tribes or tribal communities that will be deemed to be Scheduled Tribes.
Treatment of Other State Migrants
Members of the reserved category who are residents of Bihar but participate in open selection in Jharkhand will be identified as migrants. They can apply under the general category without claiming reservation benefits and vice versa.
Constitutional Provisions Governing Reservation in India
Part XVI of the Constitution contains provisions about reservation for Scheduled Castes (SC) and Scheduled Tribes (ST) in Central and State legislatures. This includes Articles 15(4) and 16(4), which permit State and Central Governments to reserve seats in government services for SC and ST members.
Constitutional Amendments Related to Reservation
Several amendments have been enacted over time to modify reservation rules. For example, the Constitution (77th Amendment) Act, 1995 included a new clause (4A) in Article 16. It allowed the government to provide reservations in promotions. This clause was altered by the Constitution (85th Amendment) Act, 2001 to offer consequential seniority to SC and ST candidates promoted via reservation.
The Constitutional 81st Amendment Act, 2000 inserted Article 16 (4 B), enabling the state to fill unfilled vacancies reserved for SCs/STs in the following year, thereby removing the ceiling of fifty percent reservation on total number of vacancies for that year.
Reservation in Legislative Assemblies, Panchayats, and Municipalities
Article 330 and 332 provide for specific representation through reservation of seats for SCs and STs in Parliament and State Legislative Assemblies respectively. Additionally, Article 243D guarantees reservation of seats for SCs and STs in Panchayats, while Article 233T ensures their reservation in municipalities.
Economic Weaker Section (EWS) Reservation
The 103rd Constitution Amendment Act, 2019 empowers both Centre and the states to provide a 10% reservation to Economically Weaker Sections (EWS) of society in government jobs and educational institutions.
