In a significant judicial intervention, the Patna High Court recently annulled the Bihar government’s decision to increase the reservation quota in jobs and educational institutions to 65%. This ruling has delivered a substantial blow to Chief Minister Nitish Kumar’s administration, which had championed the reservation hike as a step towards greater social equity. The verdict has sparked widespread debate and speculation about its political, social, and legal implications.
The Background
In 2022, the Bihar government announced an ambitious plan to raise the reservation quota for backward classes, scheduled castes, scheduled tribes, and economically weaker sections to 65%. This decision was part of a broader effort to address historical inequalities and ensure better representation of marginalized communities in the state’s workforce and educational institutions. The hike was seen as a move to bolster Nitish Kumar’s political standing among these voter groups.
The breakdown of the proposed reservation was as follows:
- Scheduled Castes (SC): 16%
- Scheduled Tribes (ST): 1%
- Extremely Backward Classes (EBC): 18%
- Other Backward Classes (OBC): 12%
- Economically Weaker Sections (EWS): 10%
- Women of backward classes: 8%
The total reservation percentage thus stood at 65%, significantly higher than the 50% cap mandated by the Supreme Court of India in the 1992 Indra Sawhney judgment, also known as the Mandal Commission case.
The Legal Challenge
The decision was met with immediate legal challenges. Critics argued that the 65% quota was unconstitutional, as it violated the Supreme Court’s directive capping reservations at 50%. Petitioners contended that such a high percentage of reservations could lead to reverse discrimination, undermining the principle of equality enshrined in the Indian Constitution.
The Patna High Court, upon reviewing the case, concurred with the petitioners. In its judgment, the court noted that while affirmative action is necessary to address social and educational backwardness, it must be balanced against the right to equality. The court emphasized that any deviation from the 50% ceiling must be supported by extraordinary circumstances, which the Bihar government failed to demonstrate convincingly.
The Verdict
On June 16, 2024, the Patna High Court delivered its verdict, annulling the Bihar government’s reservation hike. The court stated that the increase was unconstitutional and could not be justified under the current legal framework. The judgment underscored the need for a careful and balanced approach to reservations, ensuring they serve their intended purpose without compromising the rights of other citizens.
The Patna High Court’s annulment of the Bihar government’s 65% reservation hike is a landmark decision with far-reaching consequences. It highlights the delicate balance between affirmative action and the constitutional mandate for equality. As Bihar navigates this complex issue, the ruling serves as a reminder of the importance of adhering to legal principles while striving for social justice. For Nitish Kumar and his administration, the path forward will require careful deliberation, strategic planning, and a renewed commitment to both constitutional integrity and social equity.
