Bihar Reservation Case: Supreme Court Issues Notice to Centre and Bihar Government on RJD’s Petition

Bihar Reservation Case: The Bihar government had increased the quota after conducting a caste-based survey in the state. A notification was issued in November 2023, demanding amendments to the existing reservation laws.

The Supreme Court on Friday agreed to hear the petition filed by the Rashtriya Janata Dal (RJD), questioning the validity of the Patna High Court’s decision on the reservation issue. The High Court had quashed the law passed by the Bihar government to increase the quota from 50% to 65% for the Backward Classes (BC), Extremely Backward Classes (EBC), Scheduled Castes (SC), and Scheduled Tribes (ST). A bench headed by Chief Justice DY Chandrachud issued a notice to the Centre, Bihar government, and others in the matter and directed that the RJD’s petition be tagged along with other pending petitions.

The Bihar government had increased the quota after conducting a caste-based survey in the state. A notification was issued in November 2023, demanding amendments to the existing reservation laws.

Interim Relief Denied

The RJD’s counsel, senior advocate P Wilson, argued before the bench that the population of the backward classes in Bihar is 85% and that the 50% limit is not valid according to the Supreme Court’s judgment in the Janhit Abhiyan vs Union of India case, where 10% reservation for economically weaker sections (EWS) was deemed constitutional.

The top court had accepted the Bihar government’s plea, seeking restoration of the increased quota in jobs and educational institutions, but refused to grant interim relief. It has listed the matter for a final hearing in September 2024. The Patna High Court had earlier struck down the amendments passed by the Bihar Assembly in 2023, saying they violated the provisions of equality under Articles 14, 15, and 16 of the Constitution.

What the Petition Says

The Bihar government had increased the quota after conducting a caste-based survey in the state. A notification was issued in November 2023, demanding amendments to the existing reservation laws. The law would have increased the total reservation in the state to 75%, with 20% for Scheduled Castes, 2% for Scheduled Tribes, 25% for Extremely Backward Classes, 18% for Other Backward Classes, and 10% for Economically Weaker Sections. The Nitish Kumar government’s decision was challenged in the Patna High Court through several petitions, stating that the reservation cannot exceed 50% according to the Supreme Court’s judgments.