Despite improvements, the state of Bihar remains among the poorest states in terms of per capita income, with 51% of its population living in poverty, the highest among all states. Bihar has the highest fertility rate in the country and a high outmigration rate for low-paying jobs. About 50% of Bihar’s workforce is involved in agriculture, which contributes less than 25% of the state’s GDP.
In a bid to collect data on the socio-economic conditions of the people of Bihar, the state government decided to conduct a caste survey among various castes in the state. The survey was completed on August 5, 2023, and the report was published on November 11, 2023. The Bihar caste-based survey report revealed that the Extremely Backward Classes (EBCs) and Other Backward Classes (OBCs) together constitute up to almost 63% of the 13-crore population of Bihar. Adding SCs and STs would take that to 85%.
On 21 November 2023, the Bihar government issued a gazette notification declaring an increase from 50% to 65%, in caste-based quota in education and government jobs. The communiqué came immediately after the governor gave his approval to the Bihar Reservation of Vacancies in Posts and Services Amendment Bill and the Bihar Reservation (Admission in Educational Institutions) Amendment Bill, 2023.
In less than a year, the Bihar government’s initiative stands nullified. On 20 June 2024, in the Gaurav Kumar vs The State of Bihar case, the Patna High Court struck down the state government’s decision to raise the quota ceiling from 50% to 65%.
The petitioners’ lawyers argued that the Bill (to raise the ceiling to 65%) was introduced in haste without proper analysis of caste survey data. The reservation percentages were increased mechanically without considering real data. The economic status of communities was not analysed properly. The concept of proportional representation was incorrectly applied to Article 16(4). Reservations beyond 50% require exceptional circumstances, which were not demonstrated. The Commission was not consulted as mandated by Article 338. Data did not indicate a lack of adequate representation, and some castes were over-benefited, impacting merit-based consideration.
Whilst defending their position, the Advocate General submitted that the survey aimed to redefine the social milieu and achieve an egalitarian society. The state argued that the Bihar situation was exceptional and could not be compared with the decision awarded by the apex court when it dealt with the Jat and Maratha reservations. The amendment was defended on grounds of legislative competence and proportionality.
The Patna High Court reasoned that the state could not justify breaching the 50% reservation limit established by the Supreme Court in Indra Sawhney vs. Union of India (1992). The court felt that Backward Classes are adequately represented in public employment. Bihar is not a far-flung area, and no exceptional conditions were demonstrated. The state did not conduct an in-depth study before increasing the reservation percentage. The High Court stated that the state’s decision was based merely on population data rather than their representation in government services and educational institutions. Specifically, the Patna HC found the core principles related to equality in Articles 15(4) and 16(4) of the Constitution were being violated. The High Court therefore quashed the amendments for breaching the 50% reservation limit.
Legal experts and political commentators have pointed out that the verdict aligns with the judiciary’s consistent approach toward maintaining a 50% ceiling on reservations. Despite the high population percentage of SCs, STs, EBCs and OBCs in Bihar, the Patna HC didn’t consider proportionate representation valid for reservation. It didn’t accept Bihar’s argument of being outside the national mainstream despite its low economic and social indicators.
In 2022, the Supreme Court upheld the Economically Weaker Sections (EWS) quota, stating that the 50% cap applied only to SC, ST, and OBC communities. However, the Supreme Court has allowed exceptions in remote or isolated areas. Tt is also reviewing a challenge to the quota ceiling. The Indian judiciary often nullifies reservation policies using the “strict scrutiny” doctrine, focusing on merit and administrative efficiency. Political parties, particularly Congress, are demanding an increase in the reservation limit. The Bihar government plans to push for including the enhanced quota cap in the Ninth Schedule to avoid legal challenges.
Adding another dimension to the reservation debate came the news that Maratha reservation activist, Manoj Jarange-Patil has demanded that Muslims should also receive reservations from the OBC quota. He supported his demand by pointing out that many Muslims have Kunbi records, qualifying them for OBC reservations, and urged the government to recognize their rightful claims.
Talking to the media, he said, “There are government records indicating that some Muslims belong to Kunbi castes. When these records prove that they are farmers and part of the Kunbi community, Muslims should be granted reservations from the OBC quota. Muslims should not face injustice.”
Jarange-Patil emphasized, citing the example of BJP leader Pasha Patel, whose records show he is a Kunbi. “If such records exist, then all eligible Muslims should receive OBC reservations,” he asserted and warned, “I will ensure they get their rights.”
This marks the first time Jarange-Patil has addressed Muslim reservations. His stance is perceived as a move that could unsettle OBCs, who are already anxious about losing their reservations amid the Maratha community’s demand for broader reservations from the OBC quota.
OBC quota activist Laxman Hake countered the argument, stating that the Muslim community is identified by religion rather than social hierarchy.
“Hinduism is divided into social hierarchies, but the Muslim community is seen as a religion,” Hake explained.
He also noted that some Muslim castes already benefit from OBC reservations. BJP leader Nitesh Rane opposed Jarange-Patil’s demand, arguing, “Our Constitution does not allow reservations based on religion. Jarange-Patil may not realize that reservations are granted based on the backwardness of a caste.”
Ahead of the 2014 state assembly elections, the Congress-NCP government approved a 5% reservation for Muslims in government jobs and education. The Bombay High Court partially struck down this ordinance, eliminating reservations in government jobs but allowing it in education. The Devendra Fadnavis-led BJP government, after coming to power in 2014, rejected the decision, stating they do not support reservations on religious grounds.