Context:
Patna High Court (HC) struck down Bihar reservation laws increasing reservation to 65%
Key Highlights of Bihar Reservation Laws:
- Comes under the Bihar Reservation of Vacancies in Posts and Services (for Scheduled Castes, Scheduled Tribes and Other Backward Classes) Amendment Act, 2023 and the Bihar (in admission in educational institutions) Reservation Amendment Act, 2023.
- Under the amended Act, there will be a total of 65% reservation in both the cases, including 20% for Scheduled Castes, 2% for Scheduled Tribes, 18% for Backward Classes and 25% for Extremely Backward Classes.
- Apart from this, EWS (people from economically weaker general category) already approved under the Central Act will continue to get 10 % reservation.
Constitutional Provisions for Reservation:
- Article 15 (4), (5) & (6) – Deals with reservation in educational institutions for ensuring the advancement of deprived sections.
- Article 16(4) and 16(6) – Deals with reservation in Government jobs for ensuring adequate representation (not proportionate representation).
- Article 330 and 332 – Deals with reservation in Parliament and State Legislature for ensuring political representation
Important Judicial Verdicts:
- Indra Sawhney Case (1992) – Sets the limit for reservation at 50%.
- Also nullified the provision of reservation in promotions and the concept of ‘Creamy layer’ was introduced.
- M. Nagaraj Case (2006) – Affirmative action should be only to such an extent as not to compromise efficiency in administration.
- Janhit Abhiyan case (2022) – Upheld the validity of 103rd Constitutional amendment for providing EWS reservation (10%)
Source: Times of India
Previous Year Question
Consider the following statements:
Statement-I:
The Supreme Court of India has held in some judgments that the reservation policies made under in Article 16(4) of the Constitution of India would be limited by Article 335 for the maintenance of efficiency of administration.
Statement-II:
Article 335 of the Constitution of India defines the term ‘efficiency of administration’.
Which one of the following is correct in respect of the above statements?
[UPSC Civil Services Exam – 2023 Prelims]
(a) Both Statement-I and Statement-II are correct and Statement-II is the correct explanation for Statement-I
(b) Both Statement-I and Statement-II are correct and Statement-II is not the correct explanation for Statement-I
(c) Statement-I is correct but Statement-II is incorrect
(d) Statement-I is incorrect but Statement-II is correct
Answer: (c)
Explanation:
Statement II is not correct:
Article 335 of the Indian Constitution does not explicitly define the term ‘efficiency of administration’.
