Bihar Makes Domicile Mandatory for 35% Women’s Quota in State Jobs

The Bihar Cabinet has not only ordered the implementation of only the Bihari domiciled women to access the 35 % reservation in state government jobs but also extended its application to all government jobs at the local, district and provincial level (a policy that was first imposed in 2016). Such a step restricts the utility to local ladies, so as to enlighten the native population of Bihar, establish employment in the region. At the same time, the state has approved the formation of the Youth Bihar Commission that aims at skill-building, employment, and welfare of young people. Those efforts are regarded as pre-elective actions, yet being part of the sustainable control plans on inclusive development. The judgments bring about controversy in the aspects of regionalism, gender equality, and administrative problems.

Context

• Since 2016, Bihar has had a progressive women reservations policy, in which women are entitled to 35 % reservation in all jobs in the Bihar state government. 
• So far, it was available to women who were native to India. 
• The new amendment narrows down this reservation to women domiciled in Bihar only and dilutes the sons/daughters of the soil policy. 
• Such a development has serious connotations on employment rights in the region, gender empowerment, as well as federal employment standards.

Key Highlights for RAS Mains

Major decisions made by Bihar Cabinet

Women Reservation on the Basis of Domicile

• New Clause: Only women eligible to get 35 % job quota should have Bihar domicile certificates.
• Non Bihari Women: Either: Will now be treated w/r/to recruitments as being of the general category.
• Goal: The native residents and not outsiders should enjoy the fruits of reservation.

Bihar Youth Commission

• Mission: To empower and help the youth through education, job placement, skills and drug rehabilitation.
• Functions:
  • Give advice about policy focusing on youth.
  • Liaise with the private sectors to ensure that the local youth get sources of employment.
  • Drug abuse and social distress among the young people.

Impact and Analysis

Positives

Concerns

Data Insights

• The participation of Women in the Workforce in India: 24 % as per PLFS 202324.
• India % of Economic Participation Rights Tracker (WEF 2024): 142 / 146.
• Female Literacy Rate in Bihar: ~60 % (one of the lowest in India).
• Bihar: India Job Creation: Joblessness among youth is permanent, particularly among women and rural youth.

Constitutional and Legal Aspects

• Article 15(3): Allows special provision on women and children.
• Article 16(2): It forbids discrimination in service to the publicly employed.

Supreme Court Precedent:

• Dr. Pradeep Jain vs. Union of India, (1984): allowed preferences in matters of education on the domicile basis but cautioned against too much parochialism in the employment.
• Deepak Kumar vs. State of Haryana (2020): stressed the importance of the equilibrium of local preference and open competition.

Comparative Perspective

• Maharashtra, MP, and Haryana have tried domicile quotas earlier to the locals in the employment opportunities in the private/public sector.
• Jharkhand Local Employment Act (2021): Set aside 75 % of the jobs in the private sector to locals; legal and administrative opposition.
• Global Parallel: States in the US (locals) frequently receive in-state tuition or a job preference but cannot be absolute and have to survive an equal opportunity examination.

Way Forward

Conclusion

Reservation of domicile-based reservation of women by the Bihar cabinet is not only a daring move but also aims at giving more emphasis on local empowerment and employment, particularly to marginalised sections of society. When combined with the Bihar Youth Commission, it marks a switch in the policy to concentrate welfare and regional justice. But the key to its success lies in its transparent conduct, constitutional applicability as well as side changes in the education, skilling and gender sensitization program.