Bihar Governor Rajendra Vishwanath Arlekar has approved the Bihar Reservation Amendment Bill, which was passed unanimously by the state legislature during the winter session. The bill raises the reservation quota for backward, extremely backward, scheduled, and tribal castes from 50% to 65% in state government jobs and educational institutions. With the existing 10% reservation for economically weaker sections, the total quota in Bihar has now reached 75%, well above the 50% ceiling set by the Supreme Court.

The bill is based on the findings of a caste-based survey conducted by the state government, which revealed that the backward and extremely backward castes constitute nearly 63% of the state’s population. Chief Minister Nitish Kumar, who spearheaded the bill, said that the survey was done with the support of nine parties and that his government would implement the increased quota as soon as possible.

According to the bill, the quota for extremely backward class will be raised from 18% to 25%; for backward class from 12% to 18%; for scheduled caste from 16% to 20%; and for scheduled tribe from 1% to 2%. The 3% reservation for backward class women has been scrapped.

The bill has been hailed by the leaders of the backward and scheduled castes as a historic step towards social justice and empowerment. However, it has also raised legal questions and challenges, as it violates the Supreme Court’s verdict in the Indra Sawhney vs Union of India case of 1992, which capped the reservation for the backward class at 50% and introduced the concept of the ‘creamy layer’ to exclude the socially and economically advanced members of the backward class from the benefits.

Legal experts have expressed doubts about the constitutional validity of the bill and said that it is likely to be challenged in the court. They have also pointed out the possible adverse effects of the bill on the quality of education and governance, as well as the resentment among the general category candidates who will have fewer opportunities and seats available for them.

The bill has also sparked a political debate, as some parties have accused the Nitish Kumar government of using the reservation issue as a vote bank strategy and a diversion from the real problems of the state, such as unemployment, poverty, crime, and corruption. They have also questioned the credibility and methodology of the caste-based survey, which was conducted by the state government without involving the central government or any independent agency.

The Bihar Reservation Amendment Bill is a bold and controversial move by the Nitish Kumar government, which claims to have the support of the majority of the people and the parties in the state. However, it also faces legal and political hurdles, as well as social and economic implications, which will determine its fate and impact in the future.

Chief Minister Nitish Kumar – Bihar