Bihar Reservation Laws: Supreme Court Refuses To Stay Patna HC Order On 65% Reservations
The Bihar government moved the Supreme Court challenging the Patna High Court Judgment striking down the two state laws that increased the reservation from 50% to 65% for SCs, STs, OBCs and EBCs
The Supreme Court on Monday refused to grant an interim stay on the Patna High Court Order which set aside Bihar Reservation Laws that increased reservation for Backward Classes, STs, SCs and Extremely Backward Classes from 50% to 65%. The high court set aside 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 ultra vires and violative of equality clause under Articles 14, 15 and 16.
The Bihar government moved the Supreme Court challenging the Patna High Court Judgment striking down the two state laws that increased the reservation for Backward Classes, Extremely Backward Classes, Scheduled Castes, and Scheduled Tribes from 50% to 65%.
The Supreme Court bench headed by DY Chandrachud today heard the petition by Bihar government but refused to stay the high court order. The court listed the matter for September.
The state of Bihar has argued that the Supreme Court Judgment in Indra Sawhney case did not make the 50% limit absolute and the high court passed the verdict based on minority view.
It contends that the top court in the Maratha Reservation Judgment rejected the demand of the States to refer the matter to a larger bench in view of the 50% ceiling prescribed in Indra Sawhney judgment.
"The rejection was on the grounds that the Indra Sawhney judgment itself prescribes for the breach of 50% ceiling if the States are able to satisfy the social test as to backwardness of the class. "
Bihar argues that it is the only State which carried out this exercise and published its Caste Survey Report on Socio-economic and educational conditions of the entire population.
"The Amendment Acts were passed pursuant to the Bihar Caste Survey 2022-23, which clearly satisfy the social test parameters affirmed by this Hon’ble Court to breach the 50% ceiling of reservation,'' Bihar's petition in the apex court read.
The Bihar government has also said that High Court failed to appreciate the true nature and importance of Article 16(4) of the Constitution of India per the law laid down by Supreme Court in Indra Sawhney & Ors v Union of India, 1992 and Jaishri Laxmanrao Patil v. State of Maharashtra.
The Bihar government contends that the High Court has transcended beyond the legitimate scope of judicial review by substituting “opinion of state” as to the adequacy of representation with its own opinion.
"The Impugned Judgment further failed to appreciate that it is trite law that the 50% ceiling is not an inviolable rule and may be breached in exceptional circumstances."
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