By- Ganesh Vajrapu, Alliance University
In a significant legal development, the Patna High Court has invalidated Bihar’s decision to increase reservations for backward classes, scheduled castes, and scheduled tribes from 50% to 65%. The court presided over by a division bench led by Chief Justice K Vinod Chandran, declared the amendments passed by the Bihar Assembly in 2023 unconstitutional[1]. The bench ruled that these amendments exceeded the constitutional limits and violated the equality clauses enshrined in Articles 14, 15, and 16 of the Indian Constitution.
The decision comes in response to a series of petitions challenging the Bihar government’s move to enhance reservations, filed by Gaurav Kumar and others[2]. The court’s ruling emphasized that the amendments, aimed at increasing reservations beyond the established 50% cap, were not within the powers granted by the Constitution.
The controversial Reservation Amendment Bill, passed by the Bihar Assembly in November 2023, aimed to allocate quotas of 20% for Scheduled Castes, 2% for Scheduled Tribes, 43% for Other Backward Classes, and Extremely Backward Classes. Combined with the 10% quota for Economically Weaker Sections (EWS), the total reservation exceeded the 50% limit set by the Supreme Court of India. These moves significantly reduced opportunities for candidates from the open merit category to secure government jobs and educational opportunities in Bihar.
Reacting to the High Court’s decision, RJD leader Manoj Jha criticized the ruling, labeling it “unfortunate.” He urged Chief Minister Nitish Kumar to appeal the decision promptly in a higher court, highlighting the social implications of reducing quotas for marginalized communities[3].
The Patna High Court’s verdict marks a pivotal moment in the ongoing debate over reservations in India, particularly concerning the balance between affirmative action and constitutional limits on quotas. The decision is expected to have far-reaching implications, prompting further legal and political discourse on the interpretation and implementation of reservation policies across the country. This ruling underscores the judiciary’s role in safeguarding constitutional principles and ensuring that legislative measures comply with the fundamental rights and principles of equality enshrined in the Indian Constitution.
References:
[1] Anshuman, K. (2024, June 20). High Court annuls 65% quota in Bihar; state to move Supreme Court. The Economic Times. https://economictimes.indiatimes.com/news/india/high-court-annuls-65-quota-in-bihar-state-to-move-supreme-court/articleshow/111147736.cms
[2] Tnn. (2024, June 21). HC strikes down hike in quota by state govt. The Times of India. https://timesofindia.indiatimes.com/city/patna/patna-high-court-strikes-down-bihar-governments-65-reservation-in-jobs-and-education/articleshow/111152264.cms
[3] Bhushan, S. (2024, June 20). Bihar’s 65 percent quota for backward classes struck down by High Court. India Today. https://www.indiatoday.in/law/story/patna-high-court-scraps-bihar-government-decision-increase-reservation-quota-for-backward-classes-to-65-2555607-2024-06-20
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