Bihar Government Appeals Supreme Court Ruling on Reservation Law: Seeks to Reinstate 65% Quota for SC/ST and OBCs

Bihar Government Appeals Supreme Court Ruling on Reservation Law: Seeks to Reinstate 65% Quota for SC/ST and OBCs

The Bihar government has escalated a significant legal battle by appealing to the Supreme Court against the Patna High Court's decision to strike down a law that sought to increase reservations for Scheduled Castes (SC), Scheduled Tribes (ST), and other backward classes (OBC) in public employment and educational admissions from 50% to 65%. The High Court had deemed this amendment unconstitutional, as it reduced the open merit category to 35%, thereby violating principles of equality enshrined in Articles 14, 15, and 16 of the Indian Constitution.

Background of the Case

The controversial legislation aimed to address the socio-economic disparities faced by marginalized communities in Bihar by expanding affirmative action. The Patna High Court, however, found that the law disrupted the balance between merit and reservation, potentially undermining the principle of equal opportunity. The court's decision was grounded in the argument that the amendment could unfairly disadvantage candidates from the open merit category, thereby compromising the meritocratic standards that govern public employment and admissions.

Bihar Government's Stance

In its appeal, the Bihar government argued that the High Court's decision did not adequately consider the socio-economic realities of the state, where backward communities continue to face significant challenges despite existing reservations. The state government contends that the amendment was based on a comprehensive caste survey that indicated a need for increased representation of these communities. They argue that the amendment was a necessary step to ensure equitable access to opportunities and rectify historical injustices.

The appeal also raises questions about the applicability of the 50% cap on reservations, a limit set by the Supreme Court in the landmark Indra Sawhney case (1992). The Bihar government is urging the Supreme Court to revisit this cap, especially in light of varying socio-economic conditions across different states.

Legal and Social Implications

The case has significant implications for the broader debate on affirmative action in India. It touches on the delicate balance between merit and social justice, a topic that has been a focal point in Indian politics and jurisprudence for decades. The Supreme Court's decision could set a precedent for other states considering similar measures, potentially reshaping the landscape of affirmative action in India.

The case also highlights the tension between the judiciary's interpretation of constitutional principles and the state's policy objectives aimed at promoting social justice. As the Supreme Court prepares to hear the case, legal experts and social activists are closely watching, anticipating that the outcome could have far-reaching consequences for the future of reservations in India​