In a major setback to the Bihar government, the Patna High Court has deemed its decision to raise the quota in jobs and education for certain categories to 65 percent as unconstitutional. The court argued that the amendment was a violation of the Constitution and the right to equality. The government had based the amendment on a caste survey conducted in the state, but the court found it to be discriminatory and against the principles of equal opportunity and status. The increase in quota would have provided reservations for 43 percent of Other Backward Classes, 20 percent of Scheduled Castes, and 2 percent of Scheduled Tribes.
Patna High Court Quashes Bihar Government's 65% Reservation Amendment
Background:
In Bihar, the Nitish Kumar-led government enacted an amendment in 2022 that increased reservations in government jobs and educational institutions to 65%. The amendment allocated quotas of 43% for Other Backward Classes (OBCs), 20% for Scheduled Castes (SCs), and 2% for Scheduled Tribes (STs).
The amendment was based on a caste survey conducted by the state government. However, several petitions were filed in the Patna High Court challenging the constitutionality of the amendment.
Court's Ruling:
On January 31, 2023, the Patna High Court ruled that the Bihar government's 65% reservation amendment was unconstitutional. The court cited several reasons for its decision:
Impact of the Ruling:
The Patna High Court's ruling is a significant setback for the Bihar government. It means that the 65% reservation amendment is no longer in effect. The government will have to重新draw up a reservation policy that complies with the Constitution.
Top 5 FAQs and Answers:
Q1. Why was the Bihar government's reservation amendment challenged?
A1. The amendment was challenged because it violated the Constitution's provisions on equality and non-discrimination.
Q2. What was the basis for the government's amendment?
A2. The amendment was based on a caste survey conducted by the state government.
Q3. What did the Patna High Court find wrong with the caste survey?
A3. The court found that the survey was discriminatory and did not follow the principles of equal opportunity and status.
Q4. What is the Supreme Court's 50% reservation limit?
A4. In the Indra Sawhney case, the Supreme Court ruled that reservations should not exceed 50% of total jobs and educational seats.
Q5. What are the implications of the Patna High Court's ruling?
A5. The ruling means that the 65% reservation amendment is unconstitutional and will not be implemented. The Bihar government will have to revise its reservation policy to comply with the law.
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