On Monday (29th July), the Supreme Court of India refused an interim stay on Patna High Court’s judgement that struck down the Bihar government’s law that increased reservations in the state from 50% to 65% in public employment and educational institutions. However, the court has admitted the Bihar government’s plea challenging the High Court order.
The three-judge bench comprising Chief Justice of India (CJI) DY Chandrachud and Justices JB Pardiwala and Manoj Misra has listed the case for a final hearing in September. However, they refused to grant any interim relief to the state government at this stage.
CJI Chandrachud said, “We will list in September. No interim relief [at this stage].”
Notably, the Bihar government has approached the top court to challenge the Patna High Court’s order dated 20th June 2024 in which it set aside its law that increased reservation from 50% to 65% in the state.
It is pertinent to note that in November 2023, the JDU-RJD alliance government in Bihar passed an amendment to increase reservations for Scheduled Castes, Scheduled Tribes, Other Backward Classes, and Extremely Backward Classes, citing the state-wide caste census.
Based on the state-wide caste census conducted in 2023, the State increased the reservation quota for EBCs from 18% to 25%. The reservation for Backward Castes was increased from 12% to 18%; for SCs from 16% to 20%; and STs, the quota was doubled, from 1% to 2%. With an additional 10% reservation for the Economically Weaker Sections, the reservation quota in Bihar reached a total of 75%.
Later, a batch of pleas were filed before the Patna High Court as they argued that the reservation hike violated the right to equal opportunity for citizens in matters of employment and education.
The PIL had also argued that these amendments violated the 50% cap on reservations established by the Supreme Court in the Indira Sawhney case (also known as the Mandal Commission case). The petitioners contended that the state’s decision to exceed this cap without demonstrating exceptional circumstances was unconstitutional. They also asserted that the reservation percentages should be based on adequate representation rather than proportional representation of these classes within the state.
Subsequently, on the 20th of June 2024, the Patna High Court overturned the Bihar government’s 65% reservation quota law.
The Court stated that the Bihar Reservation of Vacancies in Posts and Services (Amendment) Act, 2023, and the Bihar (In Admission in Educational Institutions) Reservation (Amendment) Act, 2023, were unconstitutional and violated the equality clause of Articles 14, 15, and 16 of the Indian Constitution.
Now, the Supreme Court has admitted Bihar government’s plea challenging this High Court order and the final hearing in this matter has been listed for September.
