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The Supreme Court of India has declined to put a hold on a previous ruling by the Patna High Court that struck down Bihar's law increasing reservation for backward classes in public employment and education. The Patna High Court had deemed the state's reservation policy, which raised the quota from 50% to 65%, to be unconstitutional, arguing it violated the principle of equality enshrined in the Indian Constitution. The apex court has now scheduled the case for a final hearing in September.
The controversy surrounding Bihar's reservation policy stems from a 2023 amendment to the state's reservation law. The Bihar government had justified the increase in reservation, claiming that members of Scheduled Castes (SC), Scheduled Tribes (ST), and Other Backward Classes (OBC) were still underrepresented in government services. This amendment, however, reduced the available positions for general category candidates to a mere 35%.
The Patna High Court, in its June 20 ruling, found the amendment to be incompatible with the Constitution, citing Articles 14, 15, and 16, which guarantee equality before the law and prohibit discrimination on the grounds of caste, religion, and other factors. The court pointed out that the state's own caste survey report indicated adequate representation of backward communities in public employment due to existing reservation policies. The High Court urged the state to re-evaluate its reservation percentage within the 50% limit and consider excluding the 'creamy layer' – those belonging to privileged sections within backward communities – from reservation benefits.
The Bihar government, unsatisfied with the Patna High Court's judgment, appealed to the Supreme Court, seeking an interim stay on the order. However, the Supreme Court, led by Chief Justice of India DY Chandrachud, refused to grant any interim relief. The matter is now set to be heard by the Supreme Court for a final decision in September. This upcoming hearing will be crucial in determining the fate of Bihar's controversial reservation policy and its implications for the balance between affirmative action and equality principles within the Indian legal framework.
Source: SC refuses to stay HC order quashing Bihar's quota law