Patna High Court scraps 65% reservation for backward classes in Bihar

QUESTION : RESERVATION IN INDIA ?
ANSWER : Before 2019, the reservation was provided mainly on the basis of social and educational backwardness (caste). However, after the 103rd constitutional amendment in 2019, economic backwardness is also considered.


ST =7.5%
SC= 15%
OBC=27%
EWS=10%

As seen from the above table, about 60% of seats are reserved in India –  for various sections like ST, SC, OBC, and EWS – with respect to Government jobs and Higher Education Institutions. 3% of seats are also reserved for differently-abled persons across all categories.



This also means that only 40% of seats are available under merit. In the merit seats, not only the general category candidates but all other categories like SC, ST, OBC, and EWS can also compete.

1992: Indra Sawhney Case Judgement

1-Reservation shall not exceed 50 percent.

2-Reservation in promotions shall not be allowed.

3-The concept of a ‘creamy layer’ was introduced, and it was directed that such a creamy layer be excluded while identifying backward classes.

4-The ‘carry forward rule’ in case of unfilled (backlog) vacancies is valid. But the criteria of the 50% rule should not be violated in any case.



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