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The Supreme Court of India has declined to halt the Patna High Court's decision that nullified the Bihar government's attempt to increase reservation for backward classes in government jobs and educational institutions from 50% to 65%. This decision, handed down on Monday, sends ripples through the Indian political landscape, particularly in Bihar, where reservation policies are a significant aspect of social and political discourse. The court, while acknowledging the petition and promising to hear it in September, denied an interim stay on the High Court's order, which was issued on June 20, 2024.
The Bihar government, represented by Senior Advocate Shyam Divan, argued for a stay on the order, drawing a parallel to a similar case in Chhattisgarh where the Supreme Court had granted interim relief. However, Chief Justice of India D Y Chandrachud, presiding over the three-judge bench, countered that the High Court had found that 68% of the civil services in Bihar already comprise reserved candidates. Divan, anticipating a potential referral to a larger bench, emphasized the need for a well-considered interim arrangement, urging the court to at least issue a notice on the request for interim relief. The bench, however, remained steadfast in its decision, stating that they would grant leave and hear the matter, leaving the door open for potential changes in the future.
The decision sparked debate on the delicate balance between affirmative action and the principle of equality. Senior Advocate Aparajitha Singh, representing the NGO Youth For Equality, underscored the High Court's concern that the law could lead to exclusion. The Bihar government's move to increase the reservation quota to 65%, coupled with the existing 10% quota for Economically Weaker Sections (EWS), effectively raised the total reservation in the state to 75%. This, according to the High Court, infringed upon the fundamental right to equality. The court's refusal to grant a stay highlights the complexity of the issue, and further legal challenges are anticipated as the matter progresses through the judicial process.
Source: Supreme Court refuses to stay Patna HC order on Bihar’s 65% quota for backward classes