The demand for a domicile policy in Bihar has once again come into the limelight, especially among the youth and student organizations. This policy calls for giving preference to local residents in government jobs, which is seen as a potential solution to pressing issues like unemployment and migration. As the 2025 Bihar Legislative Assembly elections approach, this demand is beginning to take on a political dimension. In this article, we will provide an objective analysis of the reasons behind the demand for a domicile policy in Bihar, its historical context, the domicile policies implemented in other Indian states, and the need for its implementation in Bihar—based on factual and authentic sources.
What is the Domicile Policy?
The domicile policy is a system under which local residents are given preference in government jobs or admissions to educational institutions within a particular state. Its primary objective is to provide employment and educational opportunities to local youth and to reduce migration. However, this policy has been controversial under Article 16(2) of the Indian Constitution, which prohibits discrimination based on place of birth or residence (Constituent Assembly, 1950).
Reasons Behind the Demand for a Domicile Policy in Bihar
The demand for a domicile policy in Bihar is rooted in several factual and pressing concerns:
1.High Unemployment Rate:
- According to the 2024 report by the Centre for Monitoring Indian Economy (CMIE), Bihar's unemployment rate stood at 13.1%, significantly higher than the national average of 7.8% (CMIE, 2024).
- As per the National Sample Survey Office (NSSO) 2022–23 report, the unemployment rate among youth aged 15–29 in Bihar was 18.5% (NSSO, 2023).
2.Migration Crisis:
- The International Labour Organization (ILO) in its 2023 report stated that approximately 2 million people migrate annually from Bihar to other states in search of employment—the highest in India (ILO, 2023).
- The Bihar Economic Survey 2023–24 reported that over 60% of migrant laborers from Bihar are employed in unskilled or semi-skilled jobs in states like Delhi, Gujarat, and Maharashtra (Government of Bihar, 2024).
3.Selection of Outside Candidates in Teacher Recruitment:
- In the 2023 Teacher Recruitment Examination (TRE-2) conducted by the Bihar Public Service Commission (BPSC), out of 1.21 lakh posts, over 14,000 were filled by candidates from outside Bihar (Bihar Education Department, 2023).
- A significant number of candidates from Uttar Pradesh, Jharkhand, and Haryana were selected, leading to dissatisfaction among local aspirants (Hindustan Times, December 24, 2023).
4.Effect of Domicile Policies in Other States:
- States like Jharkhand, Uttarakhand, and Himachal Pradesh have implemented domicile-based preferences in government jobs. For example, under the 1932 Khatiyan policy in Jharkhand, 100% reservation in Group-3 and Group-4 jobs is given to local residents (Government of Jharkhand, 2022).
5.Social and Political Movements:
- On June 5, 2025, the Bihar Student Union and other organizations staged a protest in Patna demanding the implementation of a domicile policy, with nearly 10,000 students participating (The Telegraph, June 6, 2025).
- The Rashtriya Janata Dal (RJD) has promised to implement a domicile policy in its 2025 election manifesto (RJD Manifesto, 2025).
History of the Domicile Policy in Bihar
The history of the domicile policy in Bihar can be factually outlined as follows:
- 1991–2000: During this period, there was no domicile requirement mentioned in the Bihar Public Service Commission (BPSC) regulations. As a result, the participation of outside candidates was minimal.
- (Source: BPSC Annual Report, 2000)
2012: The Bihar government implemented a domicile policy in teacher recruitment, under which 1.68 lakh posts were filled. Out of these, only 3,413 candidates were selected from outside Bihar. (Source: Bihar Education Department, 2012)
- 2020: The Nitish Kumar government reintroduced the domicile policy in teacher recruitment, ensuring that only permanent residents of Bihar were eligible for government teaching jobs. (Source: Bihar Gazette, 2020)
- 2023: In July 2023, the Nitish Cabinet amended the teacher recruitment rules and removed the domicile clause, citing that it was in violation of Article 16(2) of the Indian Constitution. (Source: Government of Bihar, 2023)
- 2025: In March 2025, Education Minister Sunil Kumar stated in the Bihar Legislative Assembly that the domicile policy would not be reintroduced, as it had already been discontinued. He further claimed that 80% of the selected candidates were from Bihar. (Source: Bihar Legislative Assembly Proceedings, 2025)
Domicile Policies in Other Indian States
Several Indian states have implemented domicile policies or equivalent systems. The following examples are based on verified sources:
1.Jharkhand:
- Based on the 1932 land records (Khatiyan), 100% reservation is granted to local residents for Group-3 and Group-4 government jobs. (Source: Government of Jharkhand, 2022)
- Recruitment conducted by the Jharkhand Public Service Commission (JPSC) includes questions related to local language and culture. (Source: JPSC Rules, 2023)
2.Uttarakhand:
- A domicile certificate is mandatory for both government jobs and educational institutions. (Source: Government of Uttarakhand, 2002)
- In 2023, Uttarakhand implemented 70% reservation for local residents in Group-C jobs. (Source: Uttarakhand Gazette, 2023)
3.Himachal Pradesh:
- There is 100% reservation for lower-level jobs for local residents. (Source: Government of Himachal Pradesh, 2019)
- In recruitments by the Himachal Pradesh Public Service Commission (HPPSC), preference is given to local residents. (Source: HPPSC Rules, 2022)
4.Haryana:
- In 2020, the Haryana government enacted a law reserving 75% of private sector jobs for local residents. However, in 2022, the Punjab and Haryana High Court declared the law unconstitutional.
(Source: Government of Haryana, 2020; Hindustan Times, 17 February 2022)
5.Andhra Pradesh:
- In 2019, the Andhra Pradesh government implemented a policy to provide 75% reservation for local residents in government jobs. (Source: Andhra Pradesh Gazette, 2019)
6.Maharashtra:
- Knowledge of the Marathi language and a domicile certificate are mandatory for certain jobs and admissions in educational institutions. (Source: Government of Maharashtra, 2018)
Need for Implementing a Domicile Policy in Bihar:
- The arguments for and against the implementation of a domicile policy in Bihar are outlined below based on factual data:
Arguments in Favor:
1.Curbing Unemployment and Migration:
- According to the Bihar Economic Survey 2023–24, nearly 40% of youth aged 15–29 in the state are either unemployed or engaged in temporary jobs. (Source: Government of Bihar, 2024)
- The implementation of a domicile policy could help reduce migration by providing employment opportunities to local youth — a trend observed in Jharkhand as well. (Source: ILO, 2023)
2.Social Justice:
- Due to domicile policies in other states, Bihari candidates are often denied opportunities outside Bihar. For example, Uttarakhand reserves 70% of Group-C jobs for local residents. (Source: Government of Uttarakhand, 2023)
3.Popular Demand:
- A 2024 report by Oxfam India reveals that 65% of youth in Bihar support the implementation of a domicile policy. (Source: Oxfam India, 2024)
Arguments Against the Implementation of a Domicile Policy in Bihar:
1.Constitutional Barriers:
- The Government of Bihar has cited Article 16(2) of the Indian Constitution to argue that implementing a domicile policy would be unconstitutional. (Source: Government of Bihar, 2023)
- In the 1984 Pradeep Jain case, the Supreme Court ruled that discrimination based on place of residence is unconstitutional. (Source: Supreme Court, 1984)
2.Impact on Merit and Talent:
- Bihar's Chief Secretary Amir Subhani stated in 2023 that a domicile policy could compromise merit-based selection. (Source: The Indian Express, July 15, 2023)
3.Adverse Impact on Bihari Youth in Other States:
- Bihar’s Energy Minister Bijendra Prasad Yadav remarked in 2020 that implementing a domicile policy could negatively affect Bihari youth who are working in other states. (Source: The Hindu, August 10, 2020)
Future Prospects:
- The domicile policy is likely to emerge as a major issue in the 2025 Bihar Legislative Assembly elections. While the Rashtriya Janata Dal (RJD) has included it in its election manifesto, the ruling NDA has rejected its implementation. (Source: RJD Manifesto, 2025; Government of Bihar, 2025)
Student Movement:
On June 5, 2025, more than 10,000 students participated in a protest held in Patna, which was later controlled by the Bihar Police. (Source: The Telegraph, June 6, 2025)
Social Media Campaign:
Some hashtag trended on social media platform X, with over 100,000 posts recorded in June 2025.(Source: X Data, June 2025)
Legal Implications:
If a domicile policy is implemented in Bihar, it may face a legal challenge in the Supreme Court, similar to what happened in Haryana. (Source: Hindustan Times, February 17, 2022)
Conclusion:
The demand for a domicile policy in Bihar is deeply linked to pressing issues such as unemployment and migration. Reports from CMIE, NSSO, and ILO highlight Bihar’s ongoing economic challenges, while the successful implementation of domicile policies in states like Jharkhand and Uttarakhand offer potential models to emulate. However, constitutional limitations and concerns over merit-based recruitment add layers of complexity to the issue. The 2025 state elections will play a crucial role in determining the future of this demand. Whether Bihar will move forward toward implementing a domicile policy will ultimately depend on time and political will.
References:
1.CMIE. (2024). Unemployment Rate in India, 2024.
2.NSSO. (2023). Periodic Labour Force Survey, 2022–23.
3.ILO. (2023). Migration and Employment in India.
4.Government of Bihar. (2024). Bihar Economic Survey 2023–24.
5.Bihar Education Department. (2023). TRE-2 Recruitment Report.
6.Hindustan Times. (December 24, 2023). "Bihar Teacher Recruitment Sparks Domicile Debate."
7.The Telegraph. (June 6, 2025). "Students Protest for Domicile Policy in Patna."
8.Government of Jharkhand. (2022). Khatiyan Policy Notification.
9.Government of Uttarakhand. (2023). Domicile Reservation Rules.
10.Government of Himachal Pradesh. (2019). Local Reservation Policy.
11.Government of Haryana. (2020). Private Sector Reservation Act.
12.Government of Andhra Pradesh. (2019). Local Reservation Notification.
13.Oxfam India. (2024). Youth Aspirations in Bihar.
14.Supreme Court of India. (1984). Pradeep Jain vs. Union of India.
15.The Indian Express. (July 15, 2023). "Bihar Scraps Domicile Policy."
16.The Hindu. (August 10, 2020). "Domicile Policy Debate in Bihar."
17.Bihar Legislative Assembly Proceedings. (2025). Education Minister’s Statement.