Today(on 20th June),Patna High Court strikes down Bihar’s laws increasing reservation quotas to 65% for Backward Classes, EBCs, SCs, and STs, ruling them unconstitutional under Articles 14, 15, and 16 of the Indian Constitution.
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PATNA: Today(on 20th June), The Patna High Court invalidated two significant laws enacted by the Bihar government that sought to increase reservation quotas for various social groups. The struck-down laws aimed to boost the reservation for Backward Classes, Extremely Backward Classes, Scheduled Castes, and Scheduled Tribes from the existing 50% to an enhanced 65%.
The laws in question, namely, 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 declared ultra vires and violative of the equality clause enshrined in Articles 14, 15, and 16 of the Indian Constitution. This ruling came as a response to a series of petitions that challenged the amendments introduced by the Bihar legislature in 2023.
The judgment was delivered by Chief Justice K Vinod Chandran and Justice Harish Kumar. In their detailed verdict, the judges emphasized that the amendments breached the constitutional mandate of equality.
The Bench asserted-
“The amendments not only surpass the 50% reservation limit established by the Supreme Court but also violate the principle of equality enshrined in Articles 14, 15, and 16 of the Constitution.”
The Bihar government, under the leadership of Chief Minister Nitish Kumar, had justified the increase in reservations as a necessary measure to uplift the socially and economically disadvantaged sections of society. However, this legislative move faced significant opposition and legal challenges from various quarters, questioning its constitutionality and the rationale behind exceeding the reservation cap.
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Addressing these concerns, the court noted-
“Although the legislation aims to promote social justice, any law conflicting with the constitutional framework cannot be upheld.”
The judgment further elaborated on the importance of adhering to the constitutional limits set on reservations to maintain a balance between affirmative action and meritocracy.
In defense of the amendments, the Bihar government had argued that the increase was essential to address the longstanding inequalities faced by Backward Classes, Extremely Backward Classes, Scheduled Castes, and Scheduled Tribes.
The government’s counsel stated-
“The increased reservation aims to ensure better representation and opportunities for marginalized communities.”
However, the petitioners contended that such a significant increase in reservations would disrupt the existing equilibrium and lead to reverse discrimination.
They argued-
“If permitted, the amendments would unfairly favor certain groups, potentially compromising merit-based and equal opportunity principles.”
In their ruling, Chief Justice Chandran and Justice Kumar underscored the importance of balancing the need for affirmative action with the principle of equality.
They stated-
“The aim of reservation is to ensure a fair playing field, but it must adhere to constitutional limits. Deviations from these limits undermine the core principles of equality.”
The court’s decision has significant implications for the state’s reservation policies and sets a precedent for similar cases across the country. It highlights the judiciary’s role in scrutinizing legislative actions to ensure they conform to constitutional principles.
Following the judgment, there is speculation about the Bihar government’s next course of action. Legal experts suggest that the state might consider appealing to the Supreme Court.
One expert noted-
“Due to the significant implications for a wide segment of society, it is expected that the state government will seek a review from the highest court.”
The Bihar Assembly unanimously passed a Bill on November 9 to significantly increase the reservation quota for Backward Classes, Extremely Backward Classes, Scheduled Castes, and Scheduled Tribes. The new legislation raises the reservation from the existing 50% to a substantial 65%.
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With the addition of the 10% Economically Weaker Sections (EWS) quota, the total reservation in Bihar now stands at 75%. This move surpasses the 50% reservation limit set by the Supreme Court.
Details of the New Quota Increases
The Bihar Reservation Amendment Bill introduces notable changes to the existing quotas. The reservation for Extremely Backward Classes (EBC) has been increased from 18% to 25%. For Backward Classes (BC), the quota has been raised from 12% to 18%. The Scheduled Castes (SC) reservation has been enhanced from 16% to 20%, while the quota for Scheduled Tribes (ST) has been doubled from 1% to 2%.
Following the passage of the Bill, a Public Interest Litigation (PIL) was filed in court. The PIL argues that, according to constitutional provisions, reservation should be provided to ensure proper representation for socially and educationally backward classes.
It asserts-
“There is no provision for reservation based on population proportion.”
The PIL contends that the new laws violate fundamental rights enshrined in the Constitution. It emphasizes that the legislation infringes upon the –
“equal right to government job appointments and fundamental rights related to non-discrimination.”
The new reservation policy is expected to have far-reaching implications for the socio-economic landscape of Bihar. By increasing the reservation quotas for marginalized communities, the state aims to enhance their representation in government jobs and educational institutions.
