Reservation policy in Bihar is a system of affirmative action that provides historically disadvantaged groups representation in education and employment. Reservations in the state rose from 60 percent in 2021 to 75 percent in 2023. In June 2024, Patna High Court struck down the new reservation policy.

History

Bihar has long struggled for equal educational opportunities and government jobs. Reservation was especially believed by the oppressed classes as a successful mechanism for

affirmative action Affirmative action (also sometimes called reservations, alternative access, positive discrimination or positive action in various countries' laws and policies) refers to a set of policies and practices within a government or organization seeking ...

against discrimination. In 1978,

Karpoori Thakur Karpoori Thakur (24 January 1924 – 17 February 1988) was an Indian politician who served two terms as the 11th Chief Minister of Bihar, first from December 1970 to June 1971, and then from June 1977 to April 1979. He was popularly known as Ja ...

introduced 26%

reservation __NOTOC__ Reservation may refer to: Places Types of places: * Indian reservation, in the United States * Military base, often called reservations * Nature reserve Government and law * Reservation (law), a caveat to a treaty * Reservation in India, ...

model in Bihar, for the backward classes in the Government jobs. In this layered reservation regime, Other Backward Class got 12%, Most Backward Class got 8%, women got 3%, and economically backward classes (EBWs) from among the upper castes got 3% reservation in state government jobs. Later, Bihar has a sub-quota within OBC quota of 18% for Extremely Backward Castes (EBCs) and 3% for Backward Caste women in government jobs and educational institutes. EWS reservation was implemented in 2019. The reservation in the State of Bihar was increased on 9 November 2023. With the existing 10% quota for

Economically Weaker Section Economically Weaker Section (EWS) in India is a subcategory of people having an annual family income less than and who do not belong to any category such as SC/ST/ OBC (Central list) across India, nor to MBC in Tamil Nadu. A candidate who doe ...

(EWS), the effective quota will be 75%. The main beneficiaries are the EBCs and OBCs, whose quota is proposed to be raised from 12% to 25% and 8% to 18% respectively. According to

2022 Bihar caste-based survey The 2022 Bihar Caste Based Survey was notified by the Government of Bihar on 6 June 2022 by gazette notification after a Supreme Court ruling. The survey was conducted in two phases, house listing and caste and economic enumeration. The data col ...

, 36.01% of the population are EBCs, and 27.13% are OBCs.For SCs, the proposed new quota is 20%, up from the existing 14%. The SC population is estimated at 19.65%. The quota for STs, however, is proposed to be slashed from 10% to 2%. With most of the tribal areas going to Jharkhand after the bifurcation of Bihar in 2000, the tribal population in Bihar is less than 2%. Bihar Government issued gazette notifications for raising the quota to 75% after Governor

Rajendra Arlekar Rajendra Vishwanath Arlekar (born 23 April 1954) is an Indian politician who is currently the 23rd Governor of Kerala. Previously, he was the 29th Governor of Bihar and the 21st Governor of Himachal Pradesh, being the first Governor of Himach ...

gave his assent to two bills. The two bills were notified as - The Bihar Reservation of Vacancies in Posts and Services (For Scheduled Castes, Scheduled Tribes and Other Backward Classes) (Amendment) Act 2023 and The Bihar (In Admission in Educational Institutions) Reservation (Amendment) Act 2023.

Present reservation scheme details

Below are the details of reservation followed in Bihar. Reservation will increase up to 75% in Bihar, financial help will also be provided to 94 lakh poor people.

Reservation in municipal bodies

In 2022,

Government of Bihar Bihar Government is the State governments of India, state government of the States and territories of India, Indian state of Bihar and its nine Divisions of Bihar, divisions which consist of Districts of Bihar, districts. It consists of an execut ...

issued gazette notification for reserving seats for Other Backward Castes (‘OBC’) and Extremely Backward Classes (‘EBC’) for election to all municipal bodies in Bihar.

Women reservation in panchayat and government jobs

In 2006, women were given 50% reservation in local bodies and panchayats in Bihar. Also in 2006, Women are given 50 per cent reservation in primary teacher recruitment. Later in 2016, 35 per cent reservation was given to women in all government jobs in Bihar.

Legal battle

In October 2022,

Patna High Court The Patna High Court of Judicature at Patna (commonly known as Patna High Court) is the High Courts of India, High Court of the Indian state, state of Bihar. It was established on 3 February 1916 by British colonial government and was later aff ...

declared the reservation for Other Backward Castes (‘OBC’) and Extremely Backward Classes (‘EBC’) for election to all municipal bodies in Bihar as ‘illegal’. The verdict was made on the basis of Supreme Court judgement in Krishna Murthy (Dr.) & Ors. Vs. Union of India and Anr. case that mandated that the elections to state municipalities should follow the triple test condition. On 27 November 2023, PIL was filed before

against Bihar quota hike laws. On 20 June 2024, Patna High Court struck down 65 per cent reservation cap in government jobs and educational institutions.

References