SC Seeks Centre, Bihar Govt's Reply on RJD's Plea Against Quashing of Amended Reservation Law

Read Time: 04 minutes

Synopsis

The Amendments aim to raise reservations for Backward Classes, Extremely Backward Classes, Scheduled Castes, and Scheduled Tribes (SC/STs) from 50% to 65% in public employment and educational institutions

The Supreme Court on Friday, September 6, sought responses from both the Centre and the Bihar state government on the Rashtriya Janata Dal’s (RJD) appeal against the Patna High Court's decision to strike down the amended reservation laws in Bihar. The amended laws aim to increase reservations for backward classes, extremely backward classes, scheduled castes, and scheduled tribes (SC/STs) from 50% to 65% in public employment and educational institutions.

The bench of Chief Justice of India (CJI) DY Chandrachud with Justices JB Pardiwala and Manoj Misra issued the notice and tagged RJD's plea along with the pending similar pleas.

Senior Advocate P. Wilson, representing the Rashtriya Janata Dal, argued before the Apex Court that Bihar's population consists of around 85% Other Backward Classes (OBC).

Notably, on July 2, the Bihar government approached the Apex Court against the Patna High Court's decision to strike down the state's decision to increase reservation quotas from 50% to 65% for backward classes. 

The plea filed through Advocate Manish Kumar before the Apex Court contended that a comprehensive caste survey was conducted in order to assess the socio-economic and educational conditions of the entire population, before raising the reservation quota. It further submitted that the hike was brought about after adhering to previous Supreme Court decisions.

On June 20, the Patna High Court bench comprising Chief Justice K. Vinod Chandran and Justice Harish Kumar struck down the Bihar Reservation Of Vacancies In Posts And Services (For Scheduled Castes, Scheduled Tribes, And Other Backward Classes) (Amendment) Act, 2023 along with the Bihar (In admission in Educational Institutions) Reservation (Amendment) Act, 2023.

In its decision, the high court clearly stated, "There are no exceptional circumstances that allow the state to violate the 50 percent reservation limit established by the Supreme Court in the Indra Sawhney case".

Case Title: RASHTRIYA JANATA DAL (RJD) Versus THE STATE OF BIHAR AND ORS