Bihar Reservation Case: Supreme Court Decline to Stay Patna HC's Order Scrapping 65% Quota; Details Here

On Monday, the Supreme Court declined to stay the Patna High Court's order, which overturned the increase in reservation for Backward Classes, Scheduled Castes (SC), and Scheduled Tribes (ST) from 50% to 65% for admission and jobs. The court has also scheduled the hearing for the Bihar Government in September opposing Patna High Court's decision.

On June 20, the Patna High Court invalidated the 65% reservation and deemed 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 a violation of the equality clause under Articles 14, 15, and 16.

In November 2023, the Nitish Kumar-led Bihar government issued gazette notifications to increase the jobs quota from 50% to 65%.

Following a caste survey, the government presented an analysis in the assembly and passed two bills—the Bihar Reservation of Vacancies in Posts and Services Amendment Bill and the Bihar Reservation (Admission In Educational Institutions) Amendment Bill—to raise the quota.

The survey revealed that Other Backward Classes (OBCs) and Extremely Backward Castes (EBCs) make up 63% of the state's population, while SCs and STs together account for more than 21%.

The quota for SCs was increased from 16% to 20%, STs from 1% to 2%, EBCs from 18% to 25%, and OBCs from 15% to 18%, raising the total caste-based reservation from 50% to 65%.

In a 1992 ruling, the Supreme Court stated that reservations beyond 50% would violate Article 14, which ensures the right to equality.

Several states have attempted to provide quotas for specific communities and groups such as Jats, Marathas, and Muslims, but have faced challenges due to the 50% limit.

A five-judge Constitution bench of the Supreme Court in 2021 refused to reconsider its 1992 verdict in the Indra Sawhney case, which capped the quota at 50%.