"State Attempted No In-Depth Study Or Analysis": Patna HC Strikes Down Bihar's Reservation Enhancement From 50 to 65% For SC/STs, OBCs

The Patna High Court on June 20 set aside the amendments passed by the Bihar legislature in 2023, which aimed to increase reservations for backward classes, extremely backward classes, scheduled castes, and scheduled tribes (SC/STs) from 50 percent to 65 percent.

"We, hence, set aside the Bihar Reservation of Vacancies in Posts and Services (for Scheduled Caste, Scheduled Tribes, and Other Backward Classes) Amendment Act, 2023, and the Bihar Reservation (in Admission to Educational Institutions) Amendment Act, 2023, as ultra vires the Constitution and violative of the equality clause under Articles 14, 15 and 16," the Court held. 

The Court passed the Order on a slew of petitions that opposed the legislation brought by the state government in November 2023.

The Division Bench of Chief Justice K. Vinod Chandran and Justice Harish Kumar said, "That, adequate representation is the core of both Articles 15(4) & 16 (4); was reiterated and the rule of 50% limit in reservations was reaffirmed by the various decisions. That, the exception provided, to exceed the 50% limit, was confined and restricted to extenuating circumstances and characteristically inherent aspects akin to far flung areas, thus being kept away from the mainstream of National life, is undisputed. That, these conditions do not exist and was not demonstrated in the instant case is abundantly clear." It said that the State attempted no in-depth study or analysis before providing for enhancement of the reservation percentage is established from the records.

"The State proceeded on the mere proportion of the population of different categories as against their numerical representation in government services and educational institutions is the admitted position and is the pivotal argument of the State," the Court noted. 

The Court further said, "The enhancement of reservations beyond the 50% limit is bad in law based on the principles of equality emanating from the Constitution, as laid down by the wealth of precedents discussed in this judgment and binding on us and the State equally."

Notably, on November 7, 2023, the Nitish Kumar-led Mahagathbandhan government raised the Bihar quota slab to 65 percent. With this, reservation in the State effectively became 75 percent when the 10 percent quota for economically weaker sections (EWS) was taken into consideration.

Cause Title: Gaurav Kumar v. The State of Bihar (a Batch of Petitions)

Click here to read/download the Judgment