KKN Gurugram Desk | As the Bihar Assembly elections draw near, a long-standing demand for caste-based quotas has surfaced as a prominent political issue. On June 4, Leader of the Opposition Tejashwi Yadav sent a strong-letter to Chief Minister Nitish Kumar, urging the state government to include the recently increased 65% reservation cap into the Ninth Schedule of the Indian Constitution. He emphasized that without constitutional protection, this expanded quota remains vulnerable to legal challenges .

Now, four days later, with no response from the government, Tejashwi has escalated the matter via a press release, even challenging the Chief Minister to convene a special Assembly session to implement the change . Tejashwi’s Letter: What Did He Ask For?

In his two-page letter to the CM, Tejashwi—a former Deputy CM and RJD president—highlighted that the Mahagathbandhan government had already pushed the quota to 65%, surpassing the Supreme Court’s recommended cap of 50%. To safeguard this policy from judicial review, he suggested enshrining it within the Ninth Schedule, which shields laws from being declared unconstitutional .

Tejashwi stressed that with Bihar’s reservation already so extensive, constitutional backing was essential “before it gets struck down,” urging swift legislative action .

 Silence from the Government: Press Release Response

Despite Tejashwi’s appeal, no immediate reply came from Chief Minister Nitish Kumar or his office. In response, RJD leadership issued a pointed press statement, questioning whether the CM lacked a legitimate justification, habitually avoids responding, or his officials were simply withholding the letter .

The statement read:

“Are they ignoring the letter because they have no reply, it’s routine, or their staff aren’t showing it to them?”

And further it asked:

“Why have parties who claim to support social justice—yet depend on Modi’s government—failed to constitutionally protect the 65% reservation they expanded?” .

 Tejashwi’s Challenge: Special Session or Take the Heat

Demanding decisive action, Tejashwi urged Nitish to hold a special Assembly session, saying:

“If you cannot even fulfill this minimal demand, call a special session. Watch how we’ll ensure its implementation ourselves.” .

This direct challenge shifts the pressure squarely onto the CM, compelling a political response before the issue becomes central in campaign rhetoric.

Legal Context: Why the Ninth Schedule Matters

The 65% cap exceeded the 50% limit set by the Supreme Court in Indra Sawhney vs. Union of India. Any quota exceeding this threshold must be included in the Ninth Schedule to avoid being struck down as unconstitutional .

Several state governments have tried similar legal protections by amending the Constitution—many faced setbacks. Enforcement here would require:

1. A state Assembly resolution

2. Passage through Parliament, amending the Ninth Schedule

3. Presidential approval

4. Must pass the Connolly clause test (non-violation of Fundamental Rights in substance) .

Time constraints and political maneuvering will influence how quickly—if at all—this can be executed.

 Political Stakes: Hot Issue in Bihar Election Strategy

The 2025 Assembly polls are expected to be fought on caste and reservation lines:

• BSP, RJD, and Congress promise continued dominance of backward-class quotas

• JDU–BJP (NDA) relies on appeals to governance and modernization, suggesting limited resistance to increased quotas

Tejashwi using this demand helps:

• Rally Yadavs and OBCs

• Complicate NDA’s “anti-caste politics” narrative

• Build pre-election polarization NDA Reaction: Will they Engage?

No official comment has been made by CM Nitish or BJP’s state unit yet. However, close insiders reveal concerns that formal acceptance could alienate upper-caste supporters and stress political finances. They argue that it would “constitute a political risk” and delay carpet-crossing of reserved seats .

A JDU MLA said off-record:

“We will respond officially, but first we must assess if both Centre and Parliament will back it.”

Nitish has often shown preference for a cautious, calibrated approach—likely inclined to delay rather than immediate confrontation.

 Reservation Expansion by States: Precedents & Pitfalls

Other states—Tamil Nadu, Maharashtra, Karnataka—have always maintained 69–75% reservations, legally protected by Ninth Schedule inclusion. Attempts elsewhere in Uttar Pradesh (68%) and Odisha (59%) have faced scrutiny .

Important factors:

• Bhagwat vs. UP case (2018): High Court blocked 68% quota, pending Supreme Court

• Tamil Nadu’s quota remains safe due to Ninth Schedule backing

• States must finesse amendment wording to avoid Indra Sawhney pitfalls

The Process: From Assembly Decision to Constitutional Amendment

For institutionalizing 65% reservation:

1. State Assembly must pass a resolution seeking Ninth Schedule inclusion

2. The Article 368 process (Constitutional Amendment) initiated in Parliament

3. Must achieve two-thirds support in both Houses

4. Officially gazetted and enforced

5. Subject to Connolly Clause scrutiny (must not erode Fundamental Rights)

Result: Zone shifts from legislative to judiciary where Supreme Court holds ultimate review.

 Timeline: Can Bihar Do This Before Elections?

Key deadlines exist:

• Monsoon Session (July) – Window for initial state resolution

• Parliament Winter Session (Dec 2025) – Ideal time for Article 368 passage

• Assembly Elections (Oct–Nov 2025) – Realistic, rather than immediate implementation

Tejashwi’s challenge implies urgency; whether airtight timelines exist remains unclear.

 Public Sentiment: What Voters Think

Social media shows mixed reactions:

• Backward classes and Dalit communities largely supportive, citing social justice

• Upper castes, urban voters express skepticism, fearing political opportunism

• Lower-middle classes worry it may come at cost of merit-based growth

Opinion polls show reservation remains a top polling issue for 30–40% of Bihar’s electorate.

 SWOT Analysis: RJD’s Strategic Move

Bihar’s reservation dispute is far more than a policy debate—it’s a battle for political and electoral dominance. Tejashwi’s move to push for the constitutional safeguard of a 65% reservation signals an ambitious, high-stakes chess play.

The NDA must decide whether to block or accept. Each path carries distinct advantages and risks. Meanwhile, Amethi voters will ascend to a decisive moment in upcoming elections—where policies, promises, and political will will determine whose vision prevails.

KKN Live will continue covering reactions, legislative developments, and parliamentary updates—tracking the real-time evolution of reservation dynamics in India’s second-most populous state.