The Supreme Court on Sep 6 issued a notice to both the Central government and the Bihar state government, following a plea by the Rashtriya Janata Dal (RJD).
The plea contests the Patna High Court’s ruling, which overturned the Bihar government's decision to raise reservation quotas for Dalits, tribals, and other backward classes (OBCs) from 50% to 65%.
The petition was brought before a bench led by Chief Justice DY Chandrachud, alongside Justices JB Pardiwala and Manoj Misra. Senior advocate P. Wilson, representing the RJD, argued that the case deserved immediate attention.
The Supreme Court agreed to tag the plea with other pending cases on the same issue.
This legal battle follows the Bihar government’s efforts to expand reservation limits after a state-wide caste survey revealed that OBCs and Extremely Backward Classes (EBCs) make up 63% of Bihar's population, while Scheduled Castes (SCs) and Scheduled Tribes (STs) account for over 21%.
These figures prompted the Nitish Kumar-led government to push for an increase in reservations in government jobs and educational institutions.
However, the Patna High Court ruled in June 2024 that the amended law violated the constitutional 50% ceiling on quotas, established by the Supreme Court in the landmark 1992 Indra Sawhney vs Union of India case.
The High Court’s decision, running over 87 pages, critiqued the Bihar government’s approach, noting that it prioritized population proportions over legal principles.
The ruling emphasized that any deviation from the 50% cap set in Indra Sawhney would need to meet “extraordinary circumstances,” which, the court argued, Bihar had failed to demonstrate.
The Supreme Court, in July 2024, had previously declined to grant a stay on the High Court’s judgment.
Nonetheless, the state government has also filed its own plea challenging the ruling, aligning with the RJD’s stance.
The case raises crucial questions about the balance between social justice and constitutional mandates, as well as the legal framework surrounding caste-based quotas in India.
This judicial review has far-reaching implications, not only for Bihar but for other states contemplating similar expansions in their reservation policies.
Political parties, including the RJD, have been vocal in their support for increasing the quota limits, citing the need for greater representation for backward communities.
The ongoing debate touches on broader issues of affirmative action, equality, and the role of caste in contemporary Indian society.
The Supreme Court is expected to hear these petitions in greater detail in the coming months.
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