Patna High Court strikes down 65% quota in Bihar
Context:
The Patna High Court overturned the 2023 amendments increasing reservation from 50% to 65% for Backward Classes (BC), Extremely Backward Classes (EBC), Scheduled Castes (SC), and Scheduled Tribes (ST) in Bihar’s educational institutions and government jobs.
Relevance:
GS-02 (Polity)
Background:
- The decision was made by a Division Bench led by Chief Justice K.V. Chandran in response to multiple petitions challenging the legislation.
- The advocate, representing the petitioners, argued that the decision was based on caste proportions from a survey rather than actual representation in government jobs, and referenced the Supreme Court’s 50% reservation cap from the Indira Sawhney case.
- The Bihar Assembly had unanimously passed the Bill on November 9, 2023, which, including a 10% Economically Backward Class (EWS) quota, would have raised total reservations to 75%.
Indra Sawhney Case and Subsequent Developments:
- Indra Sawhney Case (1992):
- The Supreme Court upheld a 27% quota for backward classes but struck down a 10% reservation for economically backward classes among higher castes.
- The Court established a 50% ceiling on total reservations.
- The concept of the ‘creamy layer’ emerged, restricting reservation benefits to initial appointments only, not promotions.
- Breach of the 50% Limit by States:
- Several states, including Maharashtra, Tamil Nadu, and Haryana, have laws exceeding the 50% reservation cap.
- Tamil Nadu’s 1993 Reservation Act provides 69% reservation.
- The 2018 Maharashtra SEBC Act grants 12%-13% quota for Marathas, pushing the state’s reservation beyond 50%.
- Andhra Pradesh’s 100% reservation for STs in certain teaching posts was ruled unconstitutional.
- States’ Concerns and Arguments:
- States like Tamil Nadu and Karnataka argue that the 50% limit is not fixed and needs re-evaluation.
- They contend that the 2018 amendment establishing the National Commission for Backward Classes interferes with state powers.
- The Ministry of Social Justice and Empowerment stated that states can maintain separate lists for SEBCs, while the central list is Parliament’s domain.
Constitutional Amendments Related to Reservation:
- 77th Amendment (1995): Allowed reservations in promotions for SC/ST employees.
- 81st Amendment (2000): Allowed carry-forward of unfilled SC/ST vacancies without affecting the next year’s regular vacancies.
- 85th Amendment (2001): Permitted reservation in promotions with ‘consequential seniority’ from 1995.
- 103rd Amendment (2019): Introduced 10% reservation for Economically Weaker Sections (EWS).
- Article 335: Mandates consideration of SCs and STs’ claims while maintaining administrative efficiency in Union or State appointments.
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