Rashtriya Janata Dal (RJD) leader and Leader of Opposition in the Bihar Assembly, Tejashwi Yadav, has appealed to NDA constituent parties in Bihar to lobby the central government for moving the state’s 75% reservation law into the Ninth Schedule of the Constitution. The call, made at a public gathering, comes as the Bihar government and other state administrations face repeated legal challenges to reservation frameworks that exceed the 50% ceiling established by the Supreme Court.
Yadav framed the proposed constitutional protection as essential to insulate the expanded quota structure from judicial scrutiny. Several Indian states have in recent years enacted reservation regimes that surpass the Indra Sawhney benchmark, generating sustained litigation in high courts and the Supreme Court. Yadav’s appeal to NDA partners is notable because the ruling coalition in Bihar includes parties such as the Janata Dal (United), which has historically taken divergent positions from the BJP on social policy matters, creating a potential fault line within the alliance.
Speaking at the same event, Yadav also alleged that the Bihar police and state government were implicated in registering false cases against youth, students, journalists, and members of the public. He did not provide specific FIR numbers, court filings, or named individuals to substantiate the allegation during his public remarks.
The Ninth Schedule, originally introduced through the First Amendment to the Constitution in 1951, was designed to protect land reform legislation from judicial review. Over time, it became a broader repository for laws that state governments sought to shield from constitutional scrutiny, particularly in areas of affirmative action. The Supreme Court has progressively narrowed that protection. In I.R. Coelho v. State of Tamil Nadu (2007), a nine-judge bench held that laws placed in the Ninth Schedule after 24 April 1973 are subject to judicial review if they violate the basic structure of the Constitution or fundamental rights. Subsequent rulings have further constrained the schedule’s protective scope, limiting its utility as an absolute shield against judicial intervention on reservation matters.
Bihar’s reservation framework has been a politically charged issue since the state legislature passed the Bihar Reservation of Vacancies in Posts and Services (Second Amendment) Act in November 2023, which raised the quota for Backward Classes, Extremely Backward Classes, Scheduled Castes, and Scheduled Tribes from 50% to 75%. The Patna High Court struck down the law in June 2024, and the Supreme Court declined to stay that ruling in August 2024. The Bihar government subsequently filed a review petition and a curative petition before the Supreme Court, both of which remain pending. The central government has indicated it is considering the state’s request for legislative intervention at the Union level.
Background: Reservation policy in India operates under Article 15(4) and Article 16(4) of the Constitution, which permit affirmative action for socially and educationally backward classes, Scheduled Castes, and Scheduled Tribes. The Indra Sawhney case of 1992 capped reservations at 50% in ordinary circumstances but recognized exceptional conditions warranting higher quotas. Tamil Nadu has long exceeded this threshold under the Ninth Schedule, a model several other states have sought to replicate. Maratha quota legislation in Maharashtra, EWS reservations introduced by the central government in 2019, and quota expansions in states such as Madhya Pradesh, Rajasthan, and Chhattisgarh have collectively reshaped the legal landscape and intensified pressure on the constitutional framework.
Yadav’s demand places the RJD in a position of advocating a course of action that would require either a constitutional amendment or new central legislation, both of which would need the backing of the BJP-led Union government. His appeal to NDA allies is calibrated to test whether partners in the ruling coalition will publicly break with the Centre’s cautious posture on the matter.
What to watch next: Whether NDA leaders in Bihar publicly endorse the demand, the outcome of Bihar’s pending review and curative petitions before the Supreme Court, and any indication from the Union government of legislative intent to address reservation ceiling concerns at the Centre. Statements from named victims, FIR numbers, or court records substantiating the allegations of false cases will also be relevant to assessing the credibility of that claim.
Analysis: Yadav’s appeal to NDA allies signals a tactical opposition move designed to expose internal disagreement within the ruling coalition on a politically sensitive issue ahead of Bihar’s electoral cycle. By positioning the demand as a constitutional safeguard rather than a partisan initiative, the RJD aims to cast itself as the defender of reservation entitlements while simultaneously accusing the BJP of inaction. The credibility of Yadav’s separate allegations regarding false cases will depend on whether supporting documentation, FIR numbers, or named individuals are produced in subsequent statements. The legal pathway through the Ninth Schedule, given the Coelho ruling, would offer only qualified protection at best, a nuance that has so far received limited public discussion. Constitutional experts have consistently noted that the basic structure doctrine permits courts to scrutinize even Ninth Schedule legislation for violations of fundamental rights, meaning a Bihar law placed in the schedule would still face potential judicial review on basic structure grounds. The political dynamics, however, may matter more than the legal mechanics in the near term.
Sources:
– The Hindu – National: https://www.thehindu.com/news/national/bihar/tejashwi-yadav-urges-nda-leaders-to-push-centre-for-bihars-75-quota-in-ninth-schedule/article71415797.ece
Source: The Hindu – National
Corrections
If you believe this article contains an error, contact Herald Express with the source URL and supporting evidence.
Story synopsis gathered from: The Hindu – National — source
