The Bihar government is weighing its options after the Patna High Court struck down its decision to raise the quota cap from 50 per cent to 65 per cent. The Nitish Kumar government’s move to increase the reservation ceiling in employment and entrance to educational institutions was based on the Bihar Survey Caste Report, which showed that OBC, EBC, SC and ST communities together comprised about 85 per cent of the state’s population. But in response to petitions against the hike, the HC’s two-judge bench has said that the “state proceeded on the mere population of different categories as against their numerical representation in government services and educational institutions”. The verdict aligns with the judiciary’s more or less consistent approach towards the 50 per cent ceiling. However, in 2022, a five-judge bench of the Supreme Court upheld the EWS quota on the ground that the cap applied only to SC, ST and OBC communities. The apex court is also reviewing a challenge to the quota ceiling. At the same time, political parties, especially Congress, have demanded raising the reservation limit. The Bihar government has said that it will press for including the enhanced quota cap in the Ninth Schedule to obviate legal challenges. Removing entrenched inequalities will require multiple measures and the issue should be thoroughly debated. The political class will do well to be more creative, and not harp on a one-track approach of extending reservations.
In the past two decades, Bihar has shown appreciable improvement in both economic and socio-economic indicators. The state’s economy has grown faster than the national average and the Nitish Kumar government’s measures have resulted in the state closing the gap on welfare indicators — life expectancy, infant mortality, the sex ratio at birth, drinking water and sanitation, access to electricity. However, Bihar remains amongst the poorest in terms of per capita income. The average person in the state earns about a third of the national average. Data from the 2021 NITI Aayog’s Multidimensional Poverty Index shows that 51 per cent of Bihar’s population is poor, the highest among all the states. The state also has the country’s highest fertility rate. It is among the states with a high outmigration rate for low-paying jobs.
About 50 per cent of Bihar’s workforce is involved in agriculture, which contributes less than 25 per cent of the state’s GDP. The big challenge for the state — like in several other parts of the country — is to reduce the dependency on farms by drawing investments in more productive sectors. It must also increase the educational pie, address skill deficits and bring Bihar’s fertility rate close to the national average. In doing so, the Nitin Kumar government should give special attention to marginalised and deprived communities. Also, and perhaps more importantly, the Patna High Court’s verdict should occasion discussions on more expansive approaches to end historical inequalities.
