The bench led by Chief Justice DY Chandrachud, along with Justices JB Pardiwala and Manoj Misra, issued notices to both the Bihar government and the Centre, and combined the RJD’s petition with the state’s pending appeal.
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NEW DELHI: On Friday(6th Sept), the Supreme Court issued notice on a plea from the Rashtriya Janata Dal (RJD) challenging the Patna High Court’s decision to strike down a Bihar law that increased reservation for Backward Classes, Extremely Backward Classes, Scheduled Castes, and Scheduled Tribes (SC/STs) from 50% to 65% in public employment and educational institutions.
READ ALSO: BREAKING| Bihar Challenges Patna HC Ruling on 65% Reservation Law in Supreme Court
The bench led by Chief Justice DY Chandrachud, along with Justices JB Pardiwala and Manoj Misra, issued notices to both the Bihar government and the Centre, and combined the RJD’s petition with the state’s pending appeal.
The Court directed to “issue notice and associate it with the pending petition.”
In response to the Supreme Court’s latest developments, the RJD vowed to persist in advocating for reservation and the “rights of the marginalized.”
The party announced,
“The Supreme Court has issued a notice on the RJD’s petition challenging the Patna High Court’s decision to invalidate the Bihar Reservation Amendment Act. We will continue to fight for the rights of the marginalized and neglected, whether on the streets, in the legislature, or in the courts,” in a post on X, also criticizing Bihar Chief Minister Nitish Kumar and the BJP.
In July, the Court declined to stay the Patna High Court’s decision.
The RJD, which was not a party in the High Court but has also filed an appeal, was represented by Senior Advocate P. Wilson.
On June 20, the High Court invalidated the Bihar Reservation Amendment Acts, ruling that the increase in reservation quotas infringed on citizens’ right to equal opportunity in employment and education. The Court held that while the Supreme Court’s 50% cap on reservations could be exceeded, such an exception was only permissible for remote and isolated areas.
Consequently, it annulled the Bihar Reservation of Vacancies in Posts and Services (for Scheduled Caste, Scheduled Tribes, and Other Backward Classes) Amendment Act, 2023, and The Bihar (Admission in Educational Institutions) Reservation (Amendment) Act, 2023.
The reservation quota in Bihar was raised from 50% to 65% for Backward Classes, Extremely Backward Classes, Scheduled Castes (SCs), and Scheduled Tribes (STs) through amendments to existing laws. These amendments, which were approved unanimously by both the Bihar Assembly and Legislative Council, aimed to increase reservation in educational institutions and government jobs within the state.
However, after petitioners challenged the amendments’ constitutional validity, the High Court ruled on June 20 that they were “ultra vires” of the Constitution, “invalid in law,” and “violative of the equality clause.”
READ ALSO: Patna HC Scraps Bihar’s 65% Reservation Policy for Backward Classes, EBCs, SCs, and STs
The court noted that there were no compelling reasons for the state to exceed the 50% reservation cap established by the Supreme Court’s Indra Sawhney case of 1992.
The Bihar caste survey has shown that 36% of the population belongs to Extremely Backward Classes, 27.1% to Backward Classes, 19.7% to Scheduled Castes, and 1.7% to Scheduled Tribes, while the general category accounts for 15.5%.
The Bihar Reservation of Vacancies in Posts and Services (for Scheduled Caste, Scheduled Tribes and Other Backward Classes) Amendment Act, 2023, and the Bihar (Admission in Educational Institutions) Reservation (Amendment) Act, 2023, were enacted to implement this 65% reservation increase.
