JD(U) to appeal to Modi to include Nitish Kumar’s 65 per cent reservation policy

way2barak, July 31: Nitish Kumar will urge the Prime Minister to include the provision for increased reservation quotas for OBCs and EBCs in the Ninth Schedule of the Constitution,  what he said in the last assembly session. The inclusion would ensure that the provisions are not subjected to judicial review.

KC Tyagi, senior leader and national spokesperson of JD(U) said, “We are sure that Nitish-ji will find a way. There are similar instances in the past, for example, when Jayalalitha’s government in Tamil Nadu sought such a redressal from the Centre.”

Following a caste survey carried out by his government in Bihar, Nitish Kumar, issuing a notification, increased reservation quota from 50 per cent to 65 per cent for BC (Backward Classes), EBC (Extremely Backward Classes), SC (Scheduled Castes) and STs (Scheduled Tribes) in the state.

In November last year, the government termed it the state’s efforts to bring caste parity in employment and educational institutions. However, in June 2024, the Patna High Court struck down the amendment, calling it ‘bad in law’ and ‘violative of equality clause’. The state then moved the Supreme Court, seeking interim stay on the HC order. However, this was not granted by the apex court.

The Ninth Schedule of the Constitution was introduced by the First Amendment in 1951. It contains a list of laws that are exempt from judicial review. The main purpose of this Schedule was to protect land reforms and other laws included in it from being challenged and invalidated in the process on the grounds of violation of fundamental rights.