With quota in lower judiciary, Nitish scores a point

In an important decision, which could have wide political ramifications, the Nitish Kumar government has decided to provide reservations to OBCs, SCs, and STs in the direct appointment to the Bihar judicial services. The decision, being given retrospective effect from August 2008, is likely to yield the JD(U) strongman rich electoral dividends in the caste-ridden state.

The basis of the government decision was the reservation provided to OBCs, SCs and STs in all India services and direct appointment in judicial services of different states like Uttar Pradesh, Rajasthan, Karnataka, Madhya Pradesh, West Bengal, and others.

From now on, 49.5 per cent of the seats (27 per cent for OBCs, 15 per cent for SCs and 7.5 per cent for STs) will be reserved in junior and senior category posts in judicial services. While SCs and STs were already availing the benefit in junior category (civil judge), no reservation existed for appointment to additional district judge (ADJ). This reservation has been provided under the Bihar Reservation Rules.

“So far the SCs and STs enjoyed reservation for direct appointment to the post of civil judge. But the Bihar government decided to extend this facility to OBCs as well by amending the 1991 rules,” said Cabinet Secretary Girish Shankar.

However, for appointment in higher posts of Bihar judicial services like ADJ, there was no provision of reservation ever since Higher Judicial Services Rules were implemented in 1951. There was no provision of reservation for OBCs, SCs, STs in the Constitution at that time. A constitutional amendment paving the way for quota in government jobs was made later.

The examination for subordinate judicial services for appointment of munsifs and magistrates is conducted by the Bihar Public Service Commission (BPSC) while that of direct recruitment of additional district and sessions judges in superior judicial services in the state is conducted by the Patna high court.

The Nitish regime’s ‘silent coup’ has taken his opponents by surprise. Though the RJD has welcomed the move, it insists that the ground work was done during its rule. “Actually, the process of reservation in judiciary began way back in 1991 when we introduced ‘Bihar Reservation of Vacancies in Posts of Services (SCs, STs, OBCs), 1991’ in which we included Section 4 — providing for reservation to SCs, STs and backward classes in subordinate and superior judicial services,” said former law minister Shakeel Ahmad Khan.

RJD’s claim
“The amended Act was challenged in the Patna high court and annulled. Eventually, we moved the Supreme Court where the matter was referred to a five-judge Constitution bench,” Khan said and added, “The majority judgment in the case ‘State of Bihar vs Bal Mukund Sah’ given on March 14, 2000, maintained that the state government can introduce quota in judicial services provided the rules are framed and subject to the approval of the high court.

Khan said the RJD regime framed the rules and sent it to the high court for its approval but the same was turned down. “If the Nitish regime is implementing the reservation in judiciary, it has become possible because of the ground work done by the previous RJD government,” he averred.

Notwithstanding the RJD’s contention, Nitish Kumar, by introducing quota in judiciary, has killed two birds with one stone: he has tried to empower the OBCs, SC  and STs, while pipping his arch-rivals — Lalu Prasad and Ramvilas Paswan — in the battle for ‘true champion’ of social justice forces.