In a significant development in Bihar, the state government’s recent amendment to increase the reservation quota in government jobs and educational institutions from 50% to 65% has been met with a legal challenge. A Public Interest Litigation (PIL) has been filed in the Patna High Court, questioning the constitutional validity of this amendment.
The PIL, filed by Gaurav Kumar and Naman Sherstra and represented by Advocate Alok Kumar, specifically targets the Bihar Reservation (for Scheduled Castes, Scheduled Tribes, and Other Back Classes) (Amendment) Act, 2023, and the Bihar (in admission in educational institutions) Reservation (Amendment) Act, 2023. The petitioners are seeking an interim stay on these enactments, arguing that they contravene the constitutional principles outlined in Article 16(4). This article mandates that reservations should be based on the adequate representation of Socially and Educationally Backward Classes, rather than proportional representation within a specific state.
The petitioners contend,
“Hence, the 2023 Act passed by the Respondent State is in violation of Article 16 (1) of the Indian Constitution which provides an equality opportunity for all citizens in matters relating to employment or appointment to any office under the State and Article 15 (1) which prohibits any kind of discrimination.”
They further argue that the amendments exceed the 50% reservation ceiling set by the Supreme Court in the landmark Indira Sawhney case, without addressing any exceptional circumstances that would justify such an increase.
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The Bihar State Legislature enacted these amendments on November 10, 2023, which were subsequently assented to by the Governor on November 18, 2023. The government officially notified the acts on November 21, 2023, through the Bihar Gazette. The amendments are based on the findings of a Caste Census conducted by the state, which estimated the population of Backward Classes (SC, ST, OBC, and EBC) in Bihar at 63.13%.
Following the gazette notification, Bihar now holds the highest reservation percentage among larger states, reaching a total of 75%. The revised reservation percentages include 20% for scheduled castes, 2% for scheduled tribes, 18% for backward classes, 25% for extremely backward classes, and a 10% quota for the economically weaker section (EWS) among the upper castes.
Bihar Governor Rajendra Vishwanath Arlekar gave his assent to both bills, facilitating the implementation of the new quota system. Chief Minister Nitish Kumar, in response to the notification, urged officials to ensure the effective implementation of the increased quota percentage in state government jobs and educational institutions
“for the benefit of those who need it.”
This move places Bihar second only to Tamil Nadu in providing the highest percentage of reservation to backward classes. The legal challenge in the Patna High Court, however, raises important questions about the balance between constitutional mandates and the state’s efforts to address social inequalities.
