Bihar: RJD's Statewide Protest Over Caste Census Today. Check What Are The Demands, Who Supports Them

RJD will protest demanding the inclusion of 2023 caste survey findings in Schedule 9 of the Constitution, which protects laws from legal challenges.

Rashtriya Janata Dal (RJD) is set to hold a state-wide protest in Bihar on Sunday (September 1), demanding the inclusion of the findings of the caste survey, conducted in 2023, under Schedule 9 of the Constitution. Leader of Opposition in Bihar Assembly and RJD MLA Tejashwi Yadav said he will join the protest in the state capital Patna. Similar demonstrations have been planned across various districts in the state.

"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," Yadav said announcing the statewide protest over the caste-based census issue.

Schedule 9 of the Indian Constitution contains a list of central and state laws which cannot be challenged in courts.

Meanwhile, RJD's Bihar unit chief, Jagadanand Singh, said that the party's struggle for a national caste census and the inclusion of a 65 per cent reservation limit in the Ninth Schedule of the Indian Constitution will continue until their demands are met. “The dharna on September 1 has two main objectives: conducting a caste census across the country and including the 65 per cent reservation -- achieved during Tejashwi Yadav's 17-month tenure as the Leader of the Opposition -- into the Ninth Schedule of the Constitution. This inclusion would shield the increased reservation limit from judicial review,” Singh stated.

He emphasised that RJD National President Lalu Prasad Yadav has been advocating for a caste census since the Mandal Commission's recommendations were implemented in 1990. The RJD leader noted that a caste census was conducted during the UPA government following demands from Lalu Prasad Yadav and other socialist leaders. However, before the final report could be released, the BJP came to power and chose not to publish the data, effectively freezing it.

Notably, the RJD-led Opposition's demand for a caste census has also been backed by Union minister Chirag Paswan, who called for an exercise to improve government schemes for integrating marginalized castes. Paswan stressed the need for accurate population data for proportional resource allocation, as many government schemes are framed with caste considerations in mind.

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.