Patna High Court’s Rejection of Bihar’s Reservation Hike Not Stayed by Supreme Court

New Delhi: The Supreme Court on Monday, July 29, refused to stay the Patna High Court’s decision to quash the Bihar government’s move to increase reservations to 65%. However, the Supreme Court has agreed to hear the Bihar government’s petition challenging the High Court’s ruling, with the hearing scheduled for September.

The Bihar government had aimed to increase reservations for SC-ST, OBC, and EBC categories from 50% to 65% in educational institutions and government jobs. This decision was contested in the Patna High Court, which subsequently overturned the increase on June 20. In response, the Bihar government filed a petition in the Supreme Court.

The petitioner argued that reservations should be based on social and educational backwardness rather than population percentages. They claimed that the Bihar government’s decision violated Article 16(1) and Article 15(1) of the Constitution. Article 16(1) ensures equal opportunity for all citizens in employment, while Article 15(1) prohibits discrimination.

The increase in reservations followed the release of a caste census report, which revealed that the largest demographic groups in Bihar are the backward and extremely backward classes. According to the report, 27.12% of the state’s population belongs to the backward class and 36% to the extremely backward class, totaling 63%.

Chief Minister Nitish Kumar had announced in the Assembly on November 7, 2023, that the government would expand the scope of reservations from 50% to 65% or higher. Subsequently, the Bihar government proposed increasing the total reservation from 60% to 75%, including a 10% reservation for economically backward upper castes.

A cabinet meeting was swiftly convened following the Chief Minister’s announcement. Within two and a half hours, the cabinet approved the proposal, which was passed by both houses of the legislature on November 9, during the fourth day of the winter session.