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The Supreme Court of India has taken notice of a petition filed by the Rashtriya Janata Dal (RJD) challenging a Patna High Court ruling that struck down Bihar's 65% reservation quota for backward classes in jobs and educational admissions. This legal battle centers on the constitutional validity of the state's reservation policy, which has sparked debate about the balance between affirmative action and principles of equality.
The Patna High Court's judgment in June 2024 found the Bihar government's decision to increase the reservation quota for Other Backward Classes (OBCs), Scheduled Castes (SCs), and Scheduled Tribes (STs) from 50% to 65% to be unconstitutional. The court argued that the amendments passed by the Bihar Assembly in 2023 exceeded the permissible limits of reservation under the Constitution and violated the equality clause enshrined in Articles 14, 15, and 16. This ruling was based on the principle that the overall reservation quota should not exceed 50% to ensure fairness and prevent undue disadvantage to those from the general category.
In its plea to the Supreme Court, the Bihar government contends that the 'test for exceptional circumstances' for exceeding the 50% ceiling should be based on a 'social test' rather than a 'geographic test.' The state argues that the High Court erred by relying on data from the caste survey to conclude that backward classes were adequately represented, effectively usurping the state's discretion in setting reservation policies. Bihar, being the only state to conduct such a real-time caste survey, believes that this data provides a more accurate representation of the socio-economic realities of its population. The state government believes that its reservation policy aims to address historical injustices and promote social mobility for marginalized communities.
The RJD, which is a key player in Bihar's political landscape, has joined the legal battle by supporting the state government's position. The party emphasizes the significant proportion of Bihar's population that falls under the OBC category, highlighting the need for affirmative action measures to ensure their representation in public employment and education. The Supreme Court's decision on this case will have far-reaching implications for reservation policies nationwide and potentially reshape the legal framework governing affirmative action in India.
Source: Top court notice to Centre, Bihar on RJD's plea on 65% quota for backward classes