Patna, June 20: In a landmark decision, the Patna High Court on Thursday nullified the Bihar government’s move to increase reservations from 50 percent to 65 percent for Other Backward Classes (OBCs), Extremely Backward Classes (EBCs), Scheduled Castes (SCs), and Scheduled Tribes (STs). The amendment, which was passed by the Bihar legislature in November 2023, has been deemed unconstitutional by the court.
The controversial amendment also included an additional 10 percent reservation for Economically Weaker Sections (EWS) among the upper castes, bringing the total reservation to 75 percent, leaving only 25 percent of posts for the general category. However, the 10 percent EWS quota remains unaffected by the court’s ruling.
The division bench of Chief Justice K. Vinod Chandran and Justice Harish Kumar determined that the amendments violated the equality clause under Articles 14, 15, and 16 of the Constitution. The court’s decision came in response to a series of petitions challenging the Bihar Reservation of Vacancies in Posts and Services (Amendment) Act, 2023, and the Bihar (In Admission in Educational Institutions) Reservation (Amendment) Act, 2023.
The amendment followed a caste survey conducted in 2023, aimed at determining the population percentages of different communities to ensure adequate representation in government jobs and educational institutions. Proponents of the increased quotas argued that backward classes, which constitute a significant portion of the population, have historically been underrepresented in these areas.
The High Court’s ruling has sparked political controversy, with criticism directed at the Modi government for not including the amendments in the Ninth Schedule of the Constitution, which protects certain laws from judicial review. Tejashwi Yadav, who served as deputy chief minister during the Grand Alliance government, has been particularly vocal, accusing the central government of neglecting the interests of backward communities.
Nitish Kumar’s government is expected to appeal the High Court’s decision to the Supreme Court. The Bihar caste survey report from 2022-23 revealed that OBCs and EBCs form a significant majority of the state’s population, with OBCs making up 27.12 percent and EBCs 36.01 percent. The SC population stands at 19.65 percent, while STs account for 1.68 percent. The unreserved or general category constitutes 15.52 percent of the population.
The political ramifications of this ruling are significant, with potential impacts on future policy and electoral strategies in Bihar and beyond.
