Congress Advocates for Law to Exceed 50% Reservation Cap Following JD(U) Demand
New Delhi: On Sunday, the Congress party called for the passage of a law in Parliament to enable reservations to exceed the 50% cap, a day after NDA constituent Janata Dal-United (JD(U)) demanded that the increased quota in Bihar be included in the 9th Schedule of the Constitution.
During a meeting of JD(U)’s national executive on Saturday, the party expressed concern over a recent Patna High Court ruling that struck down the Bihar government’s decision to increase the reservation quota for Scheduled Castes (SCs), Scheduled Tribes (STs), and Other Backward Classes (OBCs) from 50% to 65%.
In a political resolution, the JD(U) urged the BJP-led central government to place the state’s law under the Constitution’s 9th Schedule to prevent it from being subjected to judicial review.
Congress General Secretary Jairam Ramesh, in a post on X, reiterated that throughout the Lok Sabha election campaign, the opposition party has advocated for including all state laws related to reservations for SCs, STs, and OBCs in the 9th Schedule, similar to a Tamil Nadu law in 1994.
“It is encouraging that JD(U) has made the same demand in Patna. However, its ally BJP, both at the state and central levels, remains silent on this issue,” Ramesh stated.
Ramesh noted that while placing reservation laws exceeding the 50% limit into the Ninth Schedule might provide some protection, according to a 2007 Supreme Court decision, such laws would still be subject to judicial review. Therefore, a constitutional amendment is necessary to address this issue effectively.
“The only viable solution is for Parliament to pass a Constitution Amendment Bill that allows reservations for Scheduled Castes, Scheduled Tribes, and Other Backward Classes to exceed the 50% limit,” he emphasized.
Ramesh highlighted that the current 50% limit is not explicitly mandated by the Constitution but has been established through various Supreme Court rulings. He added, “This has been and remains one of the primary guarantees of the Indian National Congress for the Lok Sabha elections.”
He concluded by challenging the Prime Minister to clarify his stance and urged that such a bill be introduced in the next parliamentary session. He also called on JD(U) to move beyond merely passing resolutions.
