Patna High Court Strikes Down Bihar’s Increased Reservation Amendments
The Patna High Court has declared the Bihar Reservation of Vacancies in Posts and Services (for Scheduled Castes, Scheduled Tribes, and Other Backward Classes) Amendment Act, 2023, and the Bihar Reservation (in Admission to Educational Institutions) Amendment Act, 2023 unconstitutional. These amendments, passed by the Bihar Legislature on November 9, 2023, sought to increase reservations for SC, ST, EBC, and BC categories from 50% to 65%.
Grounds for Challenge
The amendments were challenged via Public Interest Litigation (PIL) on the grounds that they violated Articles 14, 15, and 16 of the Indian Constitution, which safeguard equality of opportunity in public employment and admissions to educational institutions. The Bihar government defended the amendments, citing findings from a Caste Survey published on October 2, 2023, as the basis for the increased reservations.
Court’s Observations
The Division Bench, comprising Chief Justice K. Vinod Chandran and Justice Harish Kumar, found the amendments in breach of Articles 15(4) and 16(4). These constitutional provisions allow the state to make special provisions for the advancement of SC, ST, and socially and educationally backward classes and to reserve posts for these groups if they are not adequately represented in state services.
Key Reasons for Striking Down Amendments
50% Ceiling on Reservations: The court emphasized that the Supreme Court, in several rulings including Indra Sawhney vs. Union of India (1992), M.R. Balaji vs. State of Mysore (1962), M. Nagaraj vs. Union of India (2006), and Union of India vs. Rakesh Kumar (2010), has established a 50% cap on reservations. This limit can only be exceeded in exceptional circumstances, such as unfilled vacancies from previous years or in remote areas far from the national mainstream. The court found no such exceptional circumstances in Bihar to justify exceeding the 50% limit.
Proportionate Reservation Based on Population: The court criticized the Bihar government for enhancing reservations based solely on the population proportion of backward classes, which it found unconstitutional. The court underscored that reservations should aim for “adequate representation,” not “proportionate representation.”
Lack of Analysis: The court noted that the Bihar government did not conduct a thorough analysis of the Caste Survey Report before increasing the reservation quota. A scientific and objective analysis is essential to assess the socio-economic status of castes, which was missing in this case.
Adequate Representation
The court disagreed with the state’s assertion of inadequate representation of backward classes, noting that the Caste Survey Report showed adequate representation in government employment and educational institutions.
Observations on Creamy Layer
The court also touched upon the “creamy layer” concept, stating that castes which have achieved socio-economic development should not continue to benefit from increased reservations at the expense of less developed castes within the same category.
Conclusion
Reaffirming the 50% reservation cap, the court struck down the amendments for violating constitutional principles of equality.
Case Title: Gaurav Kumar & Ors. vs. The State of Bihar, CWJC-16760/2023
For more details, you can read the full order here
