The Congress has advocated for the passage of a new law in Parliament that would allow reservations to exceed the current 50 percent cap. This comes after the JD(U), a constituent of the NDA, called for the inclusion of Bihar's quota increase in the 9th Schedule of the Constitution following a Patna High Court ruling against it.
During a national executive meeting in Patna, the JD(U) expressed concern over the court's decision to strike down Bihar's decision to raise reservations for SCs, STs, and OBCs from 50 percent to 65 percent. They urged the BJP-led Centre to protect the state law by placing it under the Constitution's 9th Schedule to prevent judicial review.
In a statement posted on X, Congress general secretary Jairam Ramesh noted that his party has consistently advocated for including all state laws related to reservations in the 9th Schedule, similar to a Tamil Nadu law in 1994, as part of their campaign during the Lok Sabha elections.
Ramesh emphasized that merely placing reservation laws beyond the 50 percent limit into the Ninth Schedule is insufficient, citing a 2007 Supreme Court decision that such laws remain subject to judicial review. He stressed the necessity of a constitutional amendment to resolve the issue.
"The only viable solution is for Parliament to pass a Constitution Amendment Bill allowing reservations for SCs, STs, and OBCs to exceed 50 percent," Ramesh asserted.
He clarified that while the Constitution does not explicitly mandate the 50 percent cap, it has been upheld through various Supreme Court rulings.
"This has been and remains one of the primary commitments of the Indian National Congress in the Lok Sabha elections," Ramesh added.
He also called upon the Prime Minister to clarify his stance on the matter, urging the introduction of such a bill in the upcoming session of Parliament and encouraging the JD(U) to move beyond resolutions to concrete legislative action.
"Will the non-biological Prime Minister clear his stand? Our demand is that such a bill should be introduced in the next session of Parliament. JD(U) should not be limited to just passing resolutions," he added.
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