Bihar State PCS

• 21 Jun 2024

Patna High Court Nullifies Bihar’s Quota Enhancement

Why in News?

• The Patna High Court overturned the Bihar government's decision to raise the reservation quota for backward classes, scheduled castes, and scheduled tribes from 50% to 65% in government jobs and higher educational institutions in the state.

Key Points

• The Bihar government has released a gazette notification for two reservation bills, namely the Bihar Reservation of Vacancies in Posts and Services Amendment Bill, 2023 and the Bihar Reservation Amendment Bill, 2023.
  • These bills will raise the current reservation percentage from 50% to 65%, resulting in the total reservation quota in the state reaching 75% when the additional 10% for the economically weaker sections (EWS) is included.
• The amendments are violative of the Supreme Court verdict passed in the case of Indira Sawhney versus Union of India whereby a maximum ceiling of 50% was laid down.
• The quota hike was also discriminatory in nature and violative of the fundamental rights to equality as guaranteed to the citizens by Articles 14,15 and 16.

Indra Sawhney & Others vs Union of India, 1992

• The Supreme Court while upholding the 27% quota for backward classes, struck down the government notification reserving 10% government jobs for economically backward classes among the higher castes.
• SC in the same case also upheld the principle that the combined reservation beneficiaries should not exceed 50% of India’s population.
• The concept of ‘creamy layer’ also gained currency through this judgment and provision that reservation for backward classes should be confined to initial appointments only and not extend to promotions.

Fundamental Rights

• Article 14: Equality Before Law
  • It says that no person shall be denied treatment of equality before the law or the equal protection of the laws within the territory of India.
  • The right is extended to all persons whether citizens or foreigners, statutory corporations, companies, registered societies or any other type of legal person.
• Article 15: Prohibition of Discrimination
  • It provides that no citizen shall be discriminated on grounds only of religion, race, caste, sex or place of birth.
• Article 16: Equality of Opportunity in Public Employment
  • Article 16 of the Indian constitution provides for equality of opportunity for all citizens in matters of employment or appointment to any public office.