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Reservation policy in

Bihar

Reservation policy in Bihar is a syst em of affirmat ive act ion t hat provides hist orically
disadvant aged groups represent at ion in educat ion and employment . Reservat ions in t he st at e
rose from 60 percent in 2021 t o 75 percent in 2023.[1]

History
Bihar has long st ruggled for equal educat ional opport unit ies and government jobs. Reservat ion
was especially believed by t he oppressed classes as a successful mechanism for affirmat ive
act ion against discriminat ion.

In 1978, Karpoori Thakur int roduced 26% reservat ion model in Bihar, for t he backward classes in
t he Government jobs.[2] In t his layered reservat ion regime, Ot her Backward Class got 12%, Most
Backward Class got 8%, women got 3%, and economically backward classes (EBWs) from among
t he upper cast es got 3% reservat ion in st at e government jobs.[3][4] Lat er, Bihar has a sub-quot a
wit hin OBC quot a of 18% for Ext remely Backward Cast es (EBCs) and 3% for Backward Cast e
women in government jobs and educat ional inst it ut es.[5][6] EWS reservat ion was implement ed in
2019.[7]
The Reservat ion in t he St at e of Bihar was increased on 9t h November 2023.Wit h t he exist ing
10% quot a for Economically Weaker Sect ion (EWS), t he effect ive quot a will be 75%. The main
beneficiaries are t he EBCs and OBCs, whose quot a is proposed t o be raised from 12% t o 25% and
8% t o 18% respect ively. According t o 2022 Bihar cast e-based survey, 36.01% of t he populat ion
are EBCs, and 27.13% are OBCs.For SCs, t he proposed new quot a is 20%, up from t he exist ing
14%. The SC populat ion is est imat ed at 19.65%. The quot a for STs, however, is proposed t o be
slashed from 10% t o 2%. Wit h most of t he t ribal areas going t o Jharkhand aft er t he bifurcat ion
of Bihar in 2000, t he t ribal populat ion in Bihar is less t han 2%. Bihar Government issued gazet t e
not ificat ions for raising t he quot a t o 75% aft er Governor Rajendra Arlekar gave his assent t o t wo
bills.[8] The t wo bills were not ified as - The Bihar Reservat ion of Vacancies in Post s and Services
(For Scheduled Cast es, Scheduled Tribes and Ot her Backward Classes) (Amendment ) Act 2023
[9]
and The Bihar (In Admission in Educat ional Inst it ut ions) Reservat ion (Amendment ) Act 2023.
[10]

Present Reservation Scheme


Details
Below are t he det ails of Reservat ion followed in Bihar.[11]

Reservation in Bihar

Backward Class (BC) (18%)


Extremely Backward Communities (EBC) (25%)
S cheduled Castes (S C) (20%)
S cheduled Tribes (S T) (2%)
Economically Weaker S ection (EWS ) (10%)
General (without EWS ) (25%)

Main Category as per Reservation Percentage for each Main Category as per
Government of Bihar Category as per Government of Bihar Government of India

Backward Class (BC) 18% Backward Class

Ext remely Backward Class


25% Backward Class
(EBC)

Scheduled Cast es
Scheduled Cast es 20%
(ot hers)

Scheduled Tribes 2% Scheduled Tribes

Economically Weaker
10% EWS
Sect ion (EWS)

Total Reservation
75%
Percentage

Reservation in municipal
bodies
In 2022, Government of Bihar issued gazet t e not ificat ion for reserving seat s for Ot her Backward
Cast es (‘OBC’) and Ext remely Backward Classes (‘EBC’) for elect ion t o all municipal bodies in
Bihar.[12]
Women reservation in
panchayat and government
jobs
In 2006, women were given 50% reservat ion in local bodies and panchayat s in Bihar.[13] Also in
2006, Women are given 50 per cent reservat ion in primary t eacher recruit ment .[14] Lat er in 2016,
35 per cent reservat ion was given t o women in all government jobs in Bihar.[15][16]

Legal battle
In Oct ober 2022, Pat na High Court declared t he reservat ion for Ot her Backward Cast es (‘OBC’)
and Ext remely Backward Classes (‘EBC’) for elect ion t o all municipal bodies in Bihar as ‘illegal’.
The verdict was made on t he basis of Supreme Court judgement in Krishna Murt hy (Dr.) & Ors. Vs.
Union of India and Anr. case t hat mandat ed t hat t he elect ions t o st at e municipalit ies should
follow t he t riple t est condit ion.[17][18][19] On 27 November 2023, PIL was filed before Pat na High
Court against Bihar quot a hike laws.[20]

See also

2022 Bihar caste-based survey


Reservation in India
Indra Sawhney & Others v. Union of India
Court Cases Relating to India's
Reservation System
Reservation policy in Tamil Nadu
Caste politics in India

References

1. "Bihar notifies increase in caste-based


quota to 65%" (https://www.hindustantime
s.com/india-news/bihar-notifies-increase-in-
caste-based-quota-to-65-10170059467748
1.html) .
2. "जानिए, सवर्णों केदस फीसदी आरक्षण की चर्चा के
बीच कै से आ गया 'मुंगेरीलाल' " (https://hindi.news
18.com/news/nation/upper-caste-reservati
on-mungerilal-commission-bihar-politics-bj
p-narendra-modi-dlop-1645586.html) .

3. "Two-time Bihar CM Karpoori Thakur to be


conferred Bharat Ratna posthumously" (htt
ps://indianexpress.com/article/india/forme
r-bihar-cm-socialist-icon-karpoori-thakur-bh
arat-ratna-9124253/) .

4. "Socialist icon Karpoori Thakur awarded


Bharat Ratna, a day before centenary" (http
s://www.thehindu.com/news/national/soci
alist-icon-karpoori-thakur-awarded-bharat-r
atna-a-day-before-centenary/article677697
26.ece) .
5. "203 castes in Bihar to choose from as 2nd
leg of survey begins April 15" (https://www.
hindustantimes.com/cities/patna-news/20
3-castes-in-bihar-to-choose-from-as-2nd-le
g-of-survey-begins-april-15-101679588703
223.html) .

6. Kumar, Madan (January 25, 2018). "EBC:


Nitish bats for EBC quota in central jobs,
varsities" (https://timesofindia.indiatimes.c
om/city/patna/nitish-bats-for-ebc-quota-in-
central-jobs-varsities/articleshow/6264106
3.cms) . The Times of India. Retrieved
2021-02-08.
7. Tewary, Amarnath (2019-01-21). "10%
reservation for EWS will be implemented in
Bihar too, says Nitish Kumar" (https://www.t
hehindu.com/news/national/other-states/1
0-reservation-for-ews-will-be-implemented-i
n-bihar-too-says-nitish-kumar/article26049
906.ece) . The Hindu. ISSN 0971-751X (htt
ps://www.worldcat.org/issn/0971-751X) .
Retrieved 2021-03-31.

8. Tewary, Amarnath (17 November 2023).


"Bihar Governor approves Bill raising
reservation from 50% to 65%" (https://www.
thehindu.com/news/national/other-states/
bihar-governor-approves-bill-raising-reserva
tion-quota-from-50-to-65/article67545405.
ece) . The Hindu.
9. https://prsindia.org/files/bills_acts/acts_sta
tes/bihar/2023/Act19of2023Bihar.pdf

10. https://prsindia.org/files/bills_acts/acts_sta
tes/bihar/2023/Act18of2023Bihar.pdf

11. "PIL challenges hike in Bihar quotas, JD(U)


suspects 'BJP hand' " (https://timesofindia.i
ndiatimes.com/india/pil-challenges-hike-in-
bihar-quotas-jdu-suspects-bjp-hand/articles
how/105540370.cms?from=mdr) . Times
of India. 2023-08-14. Retrieved 2023-05-18.

12. "HC seeks Bihar govt's reply on EBC quota


in municipal polls" (https://timesofindia.indi
atimes.com/city/patna/hc-seeks-state-govt
s-reply-on-ebc-quota-in-municipal-polls/arti
cleshow/94521957.cms) .
13. "Bihar shows the way to Centre for women's
reservation Bill, claims JD(U)" (https://www.
thehindu.com/news/national/other-states/
womens-reservation-bill-bihar-shows-the-w
ay-claims-jdu/article67322785.ece) .

14. "Nitish Kumar recounts steps taken by him


for empowerment of women in Bihar, seeks
caste census" (https://timesofindia.indiatim
es.com/city/patna/nitish-kumar-recounts-st
eps-taken-by-him-for-empowerment-of-wo
men-in-bihar-seeks-caste-census/articlesho
w/103790076.cms) .
15. "Why Nitish Kumar supports women's
reservation bill but argues for more" (http
s://www.indiatoday.in/india-today-insight/st
ory/why-nitish-kumar-supports-womens-res
ervation-bill-but-argues-for-more-2439412-
2023-09-23) .

16. "Father's domicile and caste will decide


woman's job quota eligibility: Bihar govt" (ht
tps://indianexpress.com/article/political-pu
lse/fathers-domicile-and-caste-will-decide-
womans-job-quota-eligibility-bihar-govt-813
7643/) .
17. "Bihar: Patna high court declares extremely
backward castes reservation in urban local
bodies polls 'illegal' " (https://timesofindia.i
ndiatimes.com/city/patna/bihar-patna-high-
court-declares-extremely-backward-castes-
reservation-in-urban-local-bodies-polls-illeg
al/articleshow/94639419.cms) .

18. "Judiciary has established time and again


that caste surveys conducted by States are
not enough to provide reservation in local
body elections" (https://www.thehindu.co
m/news/national/news-analysis-judiciary-h
as-established-time-and-again-that-caste-su
rveys-conducted-by-states-are-not-enough-t
o-provide-reservation-in-local-body-election
s/article66313786.ece) .
19. "Bihar municipal polls: Uncertainty looms
after SC 'triple test' order on quota" (https://
www.hindustantimes.com/cities/patna-new
s/bihar-municipal-polls-uncertainty-looms-a
fter-sc-triple-test-order-on-quota-10164399
1874305.html) .

20. "Public interest litigation filed before Patna


High Court against Bihar quota hike laws" (h
ttps://www.telegraphindia.com/india/public
-interest-litigation-filed-before-patna-high-co
urt-against-bihar-quota-hike-laws/cid/1983
020) .

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