Supreme Court Requests Bihar Govt’s Reply on RJD’s Challenge to Patna High Court’s Cancellation of 65% Reservation Increase
SC has issued notice on RJD's plea challenging Patna HC's decision to annul Bihar's 65% reservation law, which increased quotas from 50% to 65%.
Supreme Court Issues Notice on RJD’s Challenge Against Patna High Court’s Decision to Nullify Bihar’s 65% Reservation Law Increasing Quotas from 50%
On Friday the Supreme court asked the concerned party to file a reply to a petition filed by the Rashtriya Janata Dal challenging the Patna high court order that rendered Bihar reservation law ultra vires. This development has come a month after the apex court rejected to issue an order of staying a recent order by the Patna High Court whereby the latter had declared the state reservation law as unconstitutional. Thus, the law, which entered into force in 2023 and initiated the increase in the reservation quotas in jobs and educational institutions to 65% was adopted.
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A bench led by Chief Justice of India D. Y. Chandrachud along with Justice J. B. Pardiwala and Justice Manoj Misra, appreciating the contention made by Wilson for the RJD. Wilson thus focused on the plea urging the court to address it and subsequently, the court issued a notice and tied it up with an already existing petition.
Recall, in June the Patna High Court quashed the Bihar Reservation of Vacancies in Posts and Services (Amendment) Act, 2023 and The Bihar (In Admission in Educational Institutions) Reservation (Amendment) Act, 2023. The court considered these amendments as violating articles 14, 15 and 16 of non- discrimination. On July 29, 2010 while dismissing other related petitions, this Supreme Court had declined to vacate High Court Order but consented to hear the Appeals filed by the State Government against the said judgment.
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Earlier due to a caste survey, the Bihar government has re-evaluated the reservation policy with greater quotas in the favour of Scheduled Tribes, Extremely Backward Classes, Backward Classes and Scheduled Castes. Chirag Paswan, the Union Minister has endorsed the caste census claiming that it is useful for formulating governance policies on the constituency of the caste.
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