Bihar quota law: Patna HC verdict based on 50% cap on reservation decoded

In June, the Patna HC had struck down the law passed by the Nitish Kumar government, which legalised hiking the reservations for backward classes, Dalits and tribals up to 65%

The Supreme Court on Monday refused to stay the Patna High Court order that quashed the Bihar law, nullifying the increased quota for the reserved classes from 50 to 65 per cent.

On June 20, the Patna HC struck down the law passed by the Nitish Kumar government, which legalised hiking the reservations for backward classes, Dalits and tribals in government jobs and educational institutes. The amendment to the existing law was unanimously passed by the state’s bicameral legislature in November last year.

The quota was implemented after a survey of the state collected by the Kumar government found that backward classes, Dalits and tribals were nearly two-thirds of the total population.

 

The apex court has listed the matter for hearing in September.

1992 Indra Sawhney vs Union of India case for quota

In its judgement, the HC has sought the 50 per cent ceiling criteria on reservations to strike down the law. Soon after, the Bihar government moved to the top court on July 2 to challenge the HC’s verdict. 

The 50 per cent criteria, laid down by the Supreme Court in the 1992 Indra Sawhney vs Union of India case, aims to cap reservation to 50 per cent of the seats to ensure ‘efficiency’ in administration. 

In the landmark judgement, the top court had upheld the 27 per cent quota for the socially and economically backward groups by a 6-3 majority. It maintained that social and educational backwardness should be used as criteria to qualify for reservations and reiterated the 50 per cent limit to vertical quotas, established in earlier judgements (M R Balaji v State of Mysore, 1963, and Devadasan v Union of India, 1964).

During the Lok Sabha elections 2024, Congress leader Rahul Gandhi also promised to introduce reservations based on population criteria, triggering a massive political slugfest over the issue between the Bharatiya Janata Party and the Opposition.