High Court Struck Down Bihar 65% Quota Rule | 24 Jun 2024

Source: TH

Why in News?

Recently, the Patna High Court struck down the Bihar government's decision to increase the reservation quota from 50% to 65% for Backward Classes (BC), Extremely Backward Classes (EBC), Scheduled Castes (SC) and Scheduled Tribes (ST) in educational institutions and government jobs.

• This move by the Bihar government has raised important questions about the legal limits on reservation policies in India.

What is the Background of the High Court’s Ruling?

• Background:
  • In November 2023, the Bihar government issued gazette notifications to raise the quota for deprived castes from 50% to 65%.
  • This decision was taken following a caste-based survey report, which showed the need for increased representation of BC, EBC, SC and ST communities.
  • The Bihar Assembly unanimously passed the Bihar Reservation Amendment Bill in November 2023 to implement this 65% quota.
• Key Arguments in Court Verdict:
  • A Public Interest Litigation (PIL) was filed challenging the Bihar government's decision to increase reservations beyond 50%.
  • The Patna High Court ruled that the 65% quota violated the 50% limit set by the Supreme Court in the Indira Sawhney case (1992).
  • The court argued that the state government's decision was not based on "adequate representation" in government jobs, but on the proportional population of these communities.
  • The court also noted that together with the 10% Economically Weaker Sections (EWS) quota, the bill has pushed total reservation to 75%, which is unconstitutional.
• Need for Extended Reservation in Bihar:
  • Socio Economic Backwardness of the State:
    • Bihar has the lowest per capita income in the country (below USD 800 per year), which is 30% of the national average.
    • It has the highest fertility rate and only 12% of the population lives in urban areas, compared to the national average of 35%.
    • The state has the lowest college density in the country and 30% of the population lives below the poverty line.
• Inadequate Representation of Backward Classes:
  • SC, STs and Backward Classes constitute 84.46% of Bihar's population, but their representation in government jobs and education was not proportionat
• Other Alternatives to Extending Reservation Limit:
  • Building a Strong Foundation:
    • Implement recommendations from the Right to Education (RTE) Forum to improve early childhood development (ICDS centres), enhance teacher training, and shift towards interactive and technology-integrated learning methods.
• Skilling Bihar's Youth for the Future:
  • Develop skill-building programs aligned with growing industries alongside fostering entrepreneurship through programs like the SIPB (Single-window Investment Promotion Board) to attract businesses and create a vibrant job market.
• Infrastructure for Inclusive Growth:
  • Invest in improved irrigation systems to tackle floods and droughts, and develop a robust transport network connecting rural and urban areas.
• Empowering All Residents of States:
  • Promote women's education, skill development, and financial inclusion to increase their participation in the workforce and achieve greater social equality. Enforce laws more strictly to tackle social stratification and promote social harmony.

What is the Reservation?

• About:
  • Reservation is a form of positive discrimination, created to promote equality among marginalised sections and to protect them from social and historical injustice.
  • It gives preferential treatment to marginalised sections of society in employment and access to education.
  • It was also originally developed to correct years of discrimination and to give a boost to disadvantaged groups.
• Pros and Cons of Reservation:

What are the Constitutional Provisions Related to Reservations in India?

• Part XVI of the Constitution of India deals with the reservation of SC and ST in Central and State legislatures.
• Article 15 of the Constitution empowers the State to make the following provisions:
  • Article 15(3) provides special provision for women and children.
  • Article 15(4) and Article 15(5) provides special provision for the advancement of any socially and educationally backward classes of citizens or for the SCs and the STs, including their admission to educational institutions, including private ones.
• Article 15(6) provides special provisions for the advancement of any Economically Weaker Sections (EWS) of citizens other than the classes mentioned in clauses (4) and (5).
• Article 16 provides for the grounds of positive discrimination or Reservation in government jobs.
  • Article 16(4) provides for the reservation of appointments or posts in favour of any backward class of citizens.
  • Article 16(4A) provides for reservation in promotion for Scheduled Castes (SC) and the Scheduled Tribes (ST).
    • The Constitution was amended by the Constitution (77^th Amendment) Act, 1995 and a new clause (4A) was inserted in Article 16 to enable the government to provide reservation in promotion.
    • Later, 16(4A) was modified by the Constitution (85^th Amendment) Act, 2001 to provide consequential seniority to SC and ST candidates promoted by giving reservation.
  • Article 16 (4B) allows states to consider unfilled reserved vacancies from a previous year meant for SCs and STs.
    • It was inserted by the 81^st Constitutional Amendment Act, 2000.
  • Article 16(6) provides for the reservation of appointments or posts in favour of any Economically Weaker Sections (EWS).
• Article 233T provides reservation of seats for SCs and STs in every Municipality.
• Article 243D provides reservation of seats for SCs and STs in every Panchayat.
• Article 335 of the constitution says that the claims of STs and STs shall be taken into consideration consistently with the maintenance of efficacy of the administration.
• Articles 330 and 332 provide for specific representation through the reservation of seats for SCs and STs in the Parliament and in the State Legislative Assemblies respectively.

What are Developments Related to Reservations in India?

• Indra Sawhney Judgment, 1992:
  • The court upheld the constitutionality of the 27% reservation for OBCs but put a ceiling of 50% unless exceptional circumstances warranted the breach so that the constitutionally guaranteed Right to Equality under Article 14 would remain secure.
  • This 9-judge bench judgement held that Article 16(4) of the Constitution, which allows reservation in appointments, does not extend to promotions.
  • The carry forward rule is valid but it is subject to 50%. There should be no reservation in the promotions.
  • The court clarified that Article 16(4) is not a separate rule that overrides Article 16(1). Article 16(1) is a fundamental right and Article 16(4) is an enabling provision.
    • Article 16(1): It states that there shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State.
  • Further, the Court directed to exclude Creamy Layer (economically well-off) from Other Backward Classes (OBCs) from getting reservation benefits.
    • However, it specifically excluded SCs and STs from this concept.

• M. Nagaraj Judgment, 2006:
  • This judgment partially overturned Indra Sawhney's judgment.
  • It introduced a conditional extension of the "creamy layer" concept to SC/ST communities seeking promotions in government jobs.
    • This concept was previously applied only to Other Backward Classes (OBCs).
  • Judgment laid down 3 conditions to allow states to provide reservations in promotions for SCs/STs.
    • Inadequacy of Representation: The state must demonstrate SCs/STs are inadequately represented in promotions.
    • Creamy Layer Exclusion: Reservation benefits should not extend to the "creamy layer" within SCs/STs.
    • Maintain Efficiency: Reservation should not affect overall administrative efficiency.
• Jarnail Singh vs Union of India, 2018:
  • In this case, the SC reversed its stance on data collection.
  • States No Longer Need Quantifiable Data: The SC ruled that states no longer needed to collect quantifiable data to prove the backwardness of the SC/ST community when implementing reservation quotas for promotions.
  • It allowed the government to implement "accelerated promotion with consequential seniority" for SC/ST members more easily.

• Janhit Abhiyan v. Union of India, 2022:
  • It challenged the 103^rd Constitutional Amendment. In a 3-2 verdict, the Court upheld the amendment.
  • It allowed the government to provide reservation benefits based on economic standing, alongside existing reservations for disadvantaged social groups.

Way Forward

• Focus on Merit with Relaxation: Promoting a system that emphasises merit while allowing for some relaxation in qualifying marks for SC/ST/OBC candidates in promotions, ensuring that qualified candidates from these communities have a better chance while maintaining an acceptable competency level.
• Data-Driven Approach: It is needed to assess the current representation of SC/ST/OBCs across different levels and departments. This data can be used to establish concrete targets for filling reservation quotas.
• Addressing Concerns: Acknowledge concerns about unqualified candidates getting promoted due to reservations.
  • Propose solutions like rigorous training and mentorship programs for promoted SC/ST/OBC employees to bridge any skill gaps and ensure they excel in their new roles.
• Long-Term Vision: Emphasise that reservations are a temporary measure to achieve long-term social justice and equal opportunity in promotions.
  • Advocate for parallel initiatives that improve education and access to resources for these communities, ultimately leading to a situation where reservations may not be necessary.

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