The Free Press Journal

Quota verdict: Bihar moves SC

- Dheeraj Kumar

In a major developmen­t, Bihar government has moved the Supreme Court (SC) challengin­g a Patna High Court order, setting aside the amended reservatio­n laws in the state under which reservatio­n quotas were increased from 50 to 65 per cent.

The Bihar government decided to increase reservatio­n quotas for Dalits, tribals and backward classes hours after the caste survey report was tabled in the assembly last year.

RECAP

In its June 20 verdict, Patna High Court ordered that the amendments, passed unanimousl­y by the state's bicameral legislatur­e in November last year, were "ultra vires" of the Constituti­on, "bad in law" and "violative of the equality clause". The state's plea has been filed in the SC through advocate Manish Kumar.

A division bench of the High court had allowed a bunch of petitions challengin­g the Bihar Reservatio­n of Vacancies in Posts and Services (for Scheduled Castes, Scheduled Tribes and Other Backward Classes) (Amendment) Act, 2023 and the Bihar (In Admission in Educationa­l Institutio­ns) Reservatio­n (Amendment) Act, 2023, while "leaving the parties to suffer their respective costs".

The High Court clarified that it found "no extenuatin­g circumstan­ce enabling the state to breach" the 50-per cent cap on reservatio­ns laid down by the Supreme Court in the Indra Sawhney case.

WHAT HIGH COURT SAID

"The state proceeded on the mere proportion of population of different categories as against their numerical representa­tion in government services and educationa­l institutio­ns," the High Court pointed out.

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