Following the significant ruling by the Patna High Court on Thursday, which nullified the Bihar state government’s amendments aimed at increasing reservations for Backward Classes, Extremely Backward Classes, Scheduled Tribes, and Scheduled Castes in jobs and educational institutions, Rashtriya Janata Dal (RJD) leader Tejashwi Yadav took aim at the Bharatiya Janata Party (BJP). He accused the party of being historically opposed to reservations and making concerted efforts to obstruct caste-based censuses.
Speaking exclusively with ANI, Yadav articulated his grievances and identified the BJP as the chief antagonist against social justice measures. “We had increased the reservation for the most backward, Dalits, tribals, and backward sections of society. At that time, we had also requested the Government of India to include it in Schedule 9. However, some members within the BJP have consistently tried to derail such initiatives by filing Public Interest Litigations (PILs), similar to how they halted the caste-based census,” said Yadav emphatically.
Heightening his critique against the BJP, Yadav added, “The BJP has always stood against reservation policies. We had not just suspicions but complete confidence that they would attempt to obstruct and ultimately terminate the increase in reservations for Dalits, tribals, and other backward classes. They had also made their utmost effort to prevent the caste-based survey initiated by our government.”
Yadav further expressed his disappointment and felt that the decision of the Patna High Court was disheartening. “This decision deeply hurts us because we acted in an utterly impartial manner. The reservation was extended to those who genuinely deserved it. Additionally, we had appealed to include it in Schedule 9 during the Eastern Zonal Council meeting chaired by Union Home Minister Amit Shah on December 10, 2023, in Patna. Even after six months, the BJP-led central government has taken no action, which further substantiates their opposition to caste census and reservation.
. We maintained our demand during the Lok Sabha elections.”
Tejashwi Yadav did not spare the Janata Dal (United) (JDU) and Bihar Chief Minister Nitish Kumar, criticizing their silence on the contentious issue. “I fail to understand why Nitish Kumar and members of the JDU have remained silent. If the Bihar government does not escalate the matter to the Supreme Court, the Rashtriya Janata Dal will take it upon themselves to bring the issue to the Supreme Court,” vowed Yadav.
The crux of the legal fallout involved a division bench comprising Chief Justice K Vinod Chandran and Justice Harish Kumar, which ruled the Bihar Reservation of Vacancies in Posts and Services (Amendment) Act, 2023, and the Bihar (In Admission in Educational Institutions) Reservation (Amendment) Act, 2023, as ultra vires. According to the bench, these amendments violated the equality clauses set forth under Articles 14, 15, and 16 of the Indian Constitution.
In 2023, the Bihar legislature had passed amendments to both Acts, effectively raising the reservation quota from 50 percent to 65 percent in jobs and higher educational institutions. These changes were predicated on findings from a caste survey conducted within the state, leading to an increase in the quota for Scheduled Castes to 20 percent, Scheduled Tribes to 2 percent, Extremely Backward Classes to 25 percent, and Backward Classes to 18 percent.
With the introduction of these legislative changes, Bihar had one of the highest reservation percentages among larger states, reaching a total of 75 percent. This figure also includes a 10 percent quota for the economically weaker sections (EWS) among the upper castes.
The controversy revolving around these legislative amendments strikes at broader issues regarding social justice, caste discrimination, and political maneuvers, a landscape in which Tejashwi Yadav has positioned himself as a vocal advocate for reservation policies. The Patna High Court’s ruling sets the stage for a prolonged legal and political battle, which promises to have far-reaching implications for the policies concerning social equity in Bihar.
As the situation unfolds, it remains to be seen whether the Bihar state government or the RJD will push the matter to the Supreme Court. In the meantime, the political rhetoric surrounding the reservation issue is only likely to intensify, with both sides preparing for the next phase of this significant and contentious debate.
