The Patna High Court has invalidated Bihar government laws that aimed to increase reservations for SC, ST, EBC, and other backward classes to 65% in educational institutions and government jobs. The court ruled The Bihar Reservation of Vacancies in Posts and Services (Amendment) Act, 2023, and The Bihar (In Admission in Educational Institutions) Reservation (Amendment) Act, 2023 as unconstitutional, violating Articles 14, 15, and 16. The decision follows petitions challenging these amendments, arguing they exceeded the 50% reservation cap mandated by the Supreme Court.
Legal challenge and judicial verdict
Chief Justice K Vinod Chandran and Justice Harish Kumar delivered the verdict on petitions filed by Gaurav Kumar and others, which were heard on March 11, 2024.
State government’s argument
Bihar’s Advocate General P.K. Shahi argued that the increased reservations were necessary due to inadequate representation of these groups, justifying the legislative action. He clarified that the reservations were not based on proportional population allocation.
Legislative background and controversy
The Bihar Assembly passed these laws on November 9, 2023, aiming to increase reservations for SC, ST, EBC, and other backward classes, while limiting general category seats to 35%.
Legal perspectives and future implications
Advocate Deenu Kumar, representing the petitioners, contended that the laws violated constitutional provisions by exceeding the 50% reservation limit and not ensuring adequate representation based on socio-economic surveys.
Supreme Court precedent and pending cases
The issue of reservation limits had been previously adjudicated by the Supreme Court in the Indra Sawhney case, setting a 50% cap. The matter regarding socio-economic surveys for reservation is currently pending before the Supreme Court.
Impact and further proceedings
The High Court’s decision is likely to have significant implications on reservation policies in Bihar, potentially prompting further legal challenges and appeals.
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