Bihar Asserts Right To Exceed 50% Reservation Ceiling, Tells Supreme Court It's A State Decision
The state highlights that the high court overstepped its authority by striking down the amendment that increased the reservation for OBCs, EBCs, SCs, and STs to 65%.
It is for the state to decide the required reservation to cure the inadequate representation of backward classes and the high court cannot substitute its own opinion with the opinion of the state, Bihar has said in its petition before the top court.
The state has said so in a challenge to the recent Patna High Court ruling that quashed the enhanced 65% reservation provided to other backward classes, extremely backward classes, scheduled tribes, and scheduled castes in government jobs and educational institutions.
The 2022–23 caste survey in Bihar led to the implementation of the enhanced reservation. The data revealed that nearly 85% of Bihar’s population constituted EBCs, OBCs, SCs, and STs.
In its expansive verdict spanning 87 pages, the high court said that the state has proceeded on the mere proportion of population of different categories, as against their numerical representation in government services and educational institutions. This, the court said, goes against the core principles of prohibition of discrimination and equality.
In brief, it said that exceeding the 50% limit for reservations is bad in law, and the state has not been able to show extenuating circumstances that warrant an excess reservation.
However, the state is in vehement opposition to the court’s directives and has filed an appeal against the verdict.
50% Ceiling Can Be Breached
The high court has failed to appreciate that the 50% ceiling is not an inviolable rule and may be breached in exceptional circumstances, the state of Bihar has argued in its plea.
It contends that the high court has erroneously applied the "geographical test" to conclude that there are no exceptional circumstances for the breach of 50% ceiling as the "state of Bihar is neither a far-flung or remote area nor is it out of the mainstream of national life".
The caste census reveals that the backward classes in Bihar are trailing in most socio-economic markers such as landlessness, education, homelessness, and income insecurity. Therefore, there was a dire need to provide additional support and representation to these communities.State of Bihar
The test for breaching the 50% ceiling is not a ‘geographical test’ but a ‘social test.’ The state of Bihar has conducted such a ‘social test’ based on the caste census and has found this to be an exceptional circumstance in light of the unique social milieu of Bihar, the plea states.
High Court Transcended Its Scope Of Judicial Review
The state has highlighted that the high court transgressed its powers of judicial review by substituting its opinion with the opinion of the state.
In the presence of relevant material for such satisfaction, i.e. the caste survey 2022-23, the state’s decision cannot be challenged on grounds of propriety, reasonableness, and sufficiency, the plea states. This, according to the state, amounts to usurpation of discretion given to it under the Constitution.
Adequate Or Proportional Representation?
As a rebuttal to the high court's observation that "the state has proceeded on the mere proportion of population of different categories as against their numerical representation", the plea argues that the enhanced reservation does not introduce proportional representation because it still aims to provide 65% reservation to the communities that make up 85% of the population.
It is contended that though the proportion of population was one of the criteria, it was not the only one.
Additionally, it has also been pointed out that reservation for SCs and STs, forming a backward class in themselves, has always been commensurate with the proportion of their population. Similarly, “adequate reservation” for OBCs can be determined considering their proportion in the population; however, such proportion cannot be the sole criterion.
Debate Over Methodology Is Irrelevant
The state has contended that the high court has erroneously disregarded the collection of data in the caste survey and the state’s analysis of its socio-economic import, solely because the methodology adopted was not the same as that adopted by the Mandal Commission.
A quick primer: Established in 1979, the Mandal Commission was charged with a mandate to "identify the socially or educationally backward classes" of India.
The plea states that the caste survey was completed with more than 98% participation and voluntary full disclosure of all the parameters and that the methodology adopted by the Mandal Commission cannot be extrapolated as a universal standard.
