Supreme Court Refuses To Stay HC Judgment Nullifying Bihar's 65% Quota Law At Present Stage, Agrees To Hear State's Appeal

The Supreme Court on Monday (July 29) admitted the petition filed by the State of Bihar challenging the Patna High Court's order which had set aside the Bihar Amendment Laws increasing reservation for Backward Classes, Scheduled Tribes(STs), Scheduled Castes(SC) and Extremely Backward Classes to 65% from 50%. 

As soon as the matter was taken, the bench comprising Chief Justice of India DY Chandrachud, Justice JB Pardiwala and Justice Manoj Misra agreed to grant leave to appeal in Bihar's special leave petition.

Senior Advocate Shyam Divan, for the State of Bihar, requested for a stay of the High Court's judgment. Divan stated that the Supreme Court has passed an interim order in a similar law relating to Chhattisgarh.

However, the bench declined to grant interim relief and listed the matter for hearing. Divan tried to persuade the bench for interim relief and pressed for at least an issuance of notice on the interlocutory applications.

Nevertheless, CJI stated that the interim relief is being declined. Divan persisted further and said that a deeper consideration of the interim prayer is required. If notice on the interlocutory application is issued, the prayer would not be foreclosed and the Court could consider the issue at a later stage also, Divan said. He added that the issue might need consideration by a larger bench as well.

When the bench reiterated that the interim relief is declined, Divan requested a clarification that the interim relief is being denied at this stage. The bench agreed to this submission. "No interim relief at the present stage is granted," CJI stated in the order, listing the matters to September.

Solicitor General of India Tushar Mehta submitted that interview processes for employment were underway as per the law.

On June 20, the High Court bench of Chief Justice K. Vinod Chandran and Justice Harish Kumar a PIL struck down the Bihar Reservation (for Scheduled Castes, Scheduled Tribes, and Other Back Classes) (Amendment) Act, 2023, and the Bihar (in admission in educational institutions) Reservation (Amendment) Act, 2023. 

Based on the data from the caste survey conducted in 2023, the State passed the amendments. The quota for Extremely Backward Classes (EBC) was raised from the existing 18% to 25%; for Backward Classes (BC) from 12% to 18%; for Scheduled Castes (SC) from 16% to 20%; and for Scheduled Tribes (ST), the quota has been doubled, from 1% to 2%.

The High Court set aside the amendments as ultra vires and being violative of equality under Articles 15(4) & 16 (4) of the Indian Constitution. Article 15(4) empowers the State to make any special provision for the advancement of SC, ST and any socially and educationally backward classes of citizens and Article 16 (4) provides that the State can reserve posts for any backward classes who are not adequately represented in the services of the State.

The Court provided the following reasons for striking down the amendments as unconstitutional: (a) there is a ceiling limit of 50% for reservations (b) the reservation was based on mere proportion to the population of backward classes (proportionate reservation) (c) State/respondent did not conduct any analysis or in-depth study before enhancing reservations under the amendment acts. 

Case Details : THE STATE OF BIHAR VS. GAURAV KUMAR SLP(C) No. 014086 - / 2024

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