SC refuses to stay Patna HC's order scrapping 65% reservation
The Supreme Court on Monday refused to stay the Patna High Court order that set aside the increase in reservation for Backward Classes, Scheduled Castes, and Scheduled Tribes from 50% to 65% in public employment and admission to educational institutions. Additionally, the Supreme Court listed the matter in September to hear the Bihar government's plea challenging the Patna High Court order.
Why does this story matter?
Earlier on June 20 this year, the Patna High Court had scrapped 65% reservation and 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. The court held these laws to be violative of Articles 14 (equality), 15 (right against discrimination), and 16 (right against discrimination in employment) of the Constitution.
HC ruling on Bihar government's 2 reservation bills
In November 2023, the Bihar government issued two reservation bills aiming to increase the quota from 50% to 65%, resulting in a total reservation of 75%. However, petitioners argued that this hike was surpassing legislative powers and discriminatory. The Supreme Court bench, headed by Chief Justice of India Dhananjaya Y Chandrachud, refused to grant any stay on the high court's decision, stating "68% in state employment are from reserved categories."
Bihar government's defense
The Bihar government argued that its law was distinct as it had conducted a caste survey and published a report on socio-economic conditions. The state claimed the high court overlooked this aspect, asserting their aim was to provide "adequate representation" by enhancing the reservations. However, the high court ruled that "there is no requirement for an enhancement of reservations," stating that backward communities are already adequately represented in public employment.
Breakdown of the increased quota in Bihar
To recall, following a caste survey, the Bihar government raised quotas for SC to 20%, ST to 2%, Extremely Backward Classes (EBC) to 25%, and Other Backward Classes (OBC) to 18%. The Bihar government had approached the top court claiming that their caste survey satisfies the social test parameters required to breach the 50% ceiling on reservation. This ceiling was set by the top court in the 1992 Indra Sawhney judgment.
