State Government to Defend Enhanced Quotas for Backward Communities
In Short:
- Bihar government to challenge High Court decision on reservations.
- High Court struck down laws boosting reservations to 65%.
- Deputy CM Samrat Choudhary pledges justice for backward communities.
- Supreme Court previously set a 50% cap on reservations.
The Bihar government has decided to appeal to the Supreme Court after the Patna High Court struck down laws that aimed to increase reservations for certain communities in education and government jobs. The struck-down laws had proposed raising the quota for SC, ST, EBC, and other backward classes to 65%.
Deputy Chief Minister Samrat Choudhary confirmed the government's decision on Thursday, emphasizing the necessity of increased reservations for the state's backward communities. He criticized previous administrations for not addressing this issue and pledged to seek justice through the Supreme Court.
The Patna High Court's ruling declared The Bihar Reservation of Vacancies in Posts and Services (Amendment) Act, 2023, and The Bihar (In Admission in Educational Institutions) Reservation (Amendment) Act, 2023 unconstitutional. The court found these amendments violated Articles 14, 15, and 16 of the Indian Constitution, as they exceeded the 50% reservation cap set by the Supreme Court in the Indra Sawhney case.
Chief Justice K Vinod Chandran and Justice Harish Kumar delivered the verdict on the petitions, which were filed by Gaurav Kumar and others and heard on March 11, 2024. The court's decision followed arguments that the increased reservations surpassed the constitutionally mandated limit.
Advocate General P.K. Shahi defended the Bihar government's legislative action, stating that the increased reservations were crucial due to the inadequate representation of these groups. He clarified that the reservations were not based on proportional population allocation but on the need to address representation gaps.
The Bihar Assembly had passed these laws on November 9, 2023, aiming to boost reservations for SC, ST, EBC, and other backward classes while capping general category seats at 35%.
Choudhary reiterated the state's commitment to increasing reservations, asserting that it is essential for the representation of backward communities, dalits, and tribals. He also criticized Lalu Prasad Yadav's previous administration, accusing it of not supporting reservation policies.
The issue of reservation limits remains contentious, with the Supreme Court's previous rulings setting a 50% cap. The matter of socio-economic surveys for reservation purposes is still pending before the Supreme Court.
The Bihar government is preparing to take the case to the Supreme Court, aiming to overturn the High Court's decision and implement the increased reservations to ensure fair representation for backward communities in education and government jobs.