Bihar Appeals to Supreme Court Over Patna High Court’s Rejection of 65% Reservation Law

On June 20, a division bench consisting of Chief Justice K Vinod Chandran and Justice Harish Kumar nullified the Bihar Reservation of Vacancies in Posts and Services (for Scheduled Caste, Scheduled Tribes, and Other Backward Classes) Amendment Act, 2023, and The Bihar (In Admission in Educational Institutions) Reservation (Amendment) Act, 2023. The court ruled that these amendments were unconstitutional and violated the equality clauses under Articles 14, 15, and 16 of the Constitution.

In 2023, the Bihar legislature had revised the 1991 Act concerning reservations in government jobs and educational institutions for SC/ST and other backward classes. This decision was based on data showing that these groups were still underrepresented in government services.

As a result, the reservation for these categories was increased to 65%, reducing the open merit category to 35%.

The High Court, in its judgment, pointed out that the caste survey report used by the State indicated that backward communities were already well-represented in public employment due to existing reservations and merit-based selections.

The court suggested that this showed that certain castes or communities had already benefited from reservations and various welfare schemes, contributing to social progress.

The High Court also recommended that the State reconsider the reservation percentage to stay within the 50% limit and exclude the ‘creamy layer’ from these benefits.

Bihar has now taken this matter to the Supreme Court for further review.