Breaking News: Patna High Court Sets Aside Bihar Law Increasing Reservation for SC, ST & OBC Communities to 65%
In a landmark judgment, the Patna High Court on June 20, 2024, set aside the Bihar Reservation (for Scheduled Castes, Scheduled Tribes, and Other Backward Classes) (Amendment) Act, 2023, and the Bihar (in admission in educational institutions) Reservation (Amendment) Act, 2023. The decision comes in response to a Public Interest Litigation (PIL) challenging the constitutional validity of the amendments that aimed to increase the reservation quota for backward classes, extremely backward classes, scheduled castes, and scheduled tribes from the existing 50% to 65%.
The Court’s Decision
The Division Bench comprising Chief Justice K. Vinod Chandran and Justice Harish Kumar delivered the verdict. The bench adjudicated the PIL filed by Gaurav Kumar & Others under case number CWJC-16760/2023. The amendments were declared ultra vires and violative of the principle of equality as enshrined under the Indian Constitution.
Background
The Bihar Legislature had passed amendments to increase the reservation quotas with the intent to provide greater representation and opportunities to the historically marginalized communities. This decision, however, faced legal scrutiny on the grounds of exceeding the reservation ceiling prescribed by the Supreme Court of India.
Legal Grounds for the Judgment
- Ultra Vires: The amendments were set aside on the grounds that they exceeded the authority of the state legislature, thus rendering them ultra vires.
- Violation of Equality: The court found that the increased reservation quotas violated the principle of equality under the Indian Constitution, particularly Article 14, which guarantees equality before the law.
Constitutional Framework
The Indian Constitution, through various amendments and judicial interpretations, has established a framework for reservations aimed at uplifting historically disadvantaged communities. However, the Supreme Court, in the landmark case of Indra Sawhney & Others v. Union of India, 1992, capped the reservation at 50%. The Bihar amendments sought to breach this cap, prompting judicial intervention.
Implications of the Judgment
The judgment has significant implications for the reservation policies in Bihar and potentially for other states contemplating similar measures. It underscores the judiciary’s role in maintaining the balance between affirmative action and constitutional mandates of equality.
Future Directions
The final order in the matter is awaited, which will provide further clarity on the court’s reasoning and directives. It remains to be seen whether the state government will appeal the decision or attempt to draft new legislation within the constitutional framework.
Case Title
Gaurav Kumar & Ors. vs. The State of Bihar
Case No.: CWJC-16760/2023
