Rashtriya Janata Dal leader and former Bihar deputy Chief Minister, Tejashwi Yadav has said that his party will hold an agitation on September 1, demanding the inclusion of the findings of the caste survey, conducted in 2023, in under Schedule 9 of the Constitution.
Tejashwi said that he would join the protest that would happen in Bihar.
He said, “We had mentioned this earlier too. Our Government had provided 65 per cent reservation for OBC, SC and ST, we had mentioned including it under Schedule 9. The matter is sub-judice. We knew that the BJP didn’t want it. It wanted to end the reservation, so it didn’t include it in Schedule 9. We had said that if they (the State Government) didn’t present it well in Court, RJD would approach the Supreme Court and present its position. We are before the Court and RJD will present its part well. So, we have announced an agitation on 1st September overall in Bihar. I too will be a part of it.”
Patna High Court in June set aside 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 and violative of the equality clauses under Articles 14, 15 and 16.
The Bihar legislature had in 2023 amended both Acts and increased the reservation from 50 per cent to 65 per cent in jobs and higher educational institutions.
Based on the findings of the caste survey, the state government increased the quota for SC to 20 per cent, Scheduled Tribes to two per cent, Extremely Backward Classes to 25 per cent, and Backward Class to 18 per cent.
It is worth mentioning that Union Minister Chirag Paswan had expressed his support for the Caste Census. Paswan stated that a caste census is essential, as many government schemes are framed with caste considerations in mind.
Schedule 9 of the Indian Constitution contains a list of central and state laws which cannot be challenged in courts.