Bihar Government Takes Reservation Hike Battle to Supreme Court

Patna: The Bihar government has escalated its dispute over reservation limits to the Supreme Court, challenging a decision by the Patna High Court. The High Court had struck down the state’s move to increase reservation quotas on June 20.

The state had sought to raise the reservation for Scheduled Castes (SC), Scheduled Tribes (ST), Other Backward Classes (OBC), and Extremely Backward Classes (EBC) from 50% to 65% in educational institutions and government jobs. This decision faced legal opposition, with petitioners arguing that reservations should be based on social and educational backwardness rather than population size.

Critics of the government’s policy cited violations of Article 16(1) and Article 15(1) of the Constitution. Article 16(1) ensures equal opportunity in public employment, while Article 15(1) prohibits discrimination.

Following the release of the caste census report on October 2, which showed significant populations of backward and extremely backward classes (27.12% and 36% respectively), the Bihar government expanded reservations to 65% for these groups. Including a 10% reservation for economically weaker sections, the total quota reached 75%.

Chief Minister Nitish Kumar had announced the expansion on November 7, 2023, in the Vidhan Sabha, increasing total reservations from 60% to 75%. The proposal received swift approval from the Cabinet and was passed by both legislative houses on November 9, during the winter session.

In response to the petition challenging the new reservation bill, the Patna High Court ordered the state government to file a reply by January 12. The court rejected the petitioner’s request to stay the bill, with the Chief Justice stating that the bill could not be halted immediately. The petitioner argued that the bill violated the right to equality by relying on caste-based calculations rather than social and educational criteria.