New Delhi: The Supreme Court on Friday (September 6) sought a response from the Centre and Bihar government on a plea filed by Rashtriya Janata Dal (RJD) challenging an order of the Patna High Court setting aside the amended reservation laws increasing the quotas for Dalits, tribals and backward classes from 50 percent to 65 percent.
Apex court tagged RJD’s plea with pending pleas
A bench comprising Chief Justice of India (CJI) DY Chandrachud, Justice J B Pardiwala and Justice Manoj Misra, while issuing the notice to the Centre and the Bihar government, tagged the RJD’s plea with pending pleas, including a plea filed by the Bihar government challenging the High Court order.
“Issue notice and tag with the pending pleas,” the CJI said.
Apex court earlier refused to stay High Court order
Earlier, the top court, while hearing similar pleas, refused to stay the High Court order on July 29, however, it had agreed to hear the Bihar government pleas against the verdict.
High Court set aside Bihar government’s amended reservation laws on June 20
A High Court bench comprising Chief Justice K Vinod Chandran and Justice Harish Kumar on June 20 set aside the amended reservation laws by the Bihar government, saying the amendments were “ultra vires” of the Constitution, “bad in law” and “violative of the equality clause”.
The High Court, while allowing a bunch of pleas challenging the Bihar Reservation of Vacancies in Posts and Services (for Scheduled Castes, Scheduled Tribes and Other Backward Classes) (Amendment) Act, 2023 and the Bihar (In Admission in Educational Institutions) Reservation (Amendment) Act, 2023, said that there is no extenuating circumstance enabling the State of Bihar to breach the 50-per cent cap on reservations laid down by the Supreme Court in the Indra Sawhney case.
“…the enhancement of reservations beyond the 50% limit is bad in law based on the principles of equality emanating from the Constitution, as laid down by the wealth of precedents discussed in this judgment; binding on us and the State equally,” the High Court said.
The State of Bihar had brought the amended reservation law based on the findings of a caste survey conducted by the state government.
