Patna High Court (HC) struck down Bihar reservation laws increasing reservation to 65% | Current Affairs | Vision IAS
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Patna High Court (HC) struck down Bihar reservation laws increasing reservation to 65%

Posted 22 Jun 2024

2 min read

HC has set aside Bihar Reservation laws, that enhanced the reservations for SCs, STs and Backward Classes to 65% from existing 50%, as unconstitutional.

Reasons for striking down the amendments

  • HC termed the amendments violative of Articles 14, 15 and 16 of the Constitution.
  • There is a ceiling limit of 50% for reservations, as prescribed by a 9-judge constitution bench in Indra Sawhney case (1992). 
  • Reservation was based on mere proportion of population of backward classes (proportionate reservation), which is not sanctioned by the constitution.
  • State did not conduct any analysis or in-depth study before enhancing reservations.

Important Judgements regarding reservation

  • Indra Sawhney Case (1992): Sets the limit for reservation as 50%.
    • It also nullified the provision of reservation in promotions and the concept of ‘Creamy layer’ was introduced.
  • M. Nagaraj Case (2006): Affirmative action should be only to such an extent as not to compromise efficiency in administration.
  • Jarnail Singh Case (2018): Reservation in promotions does not require the state to collect quantifiable data on the backwardness of the SCs and the STs.
  • Janhit Abhiyan case (2022): Upheld the validity of 103rd Constitutional amendment for providing EWS reservation (10%) was upheld.

Constitutional Provisions for Reservation

  • Article 15’s clauses 4, 5, & 6 deals with reservation in educational institutions for ensuring the advancement of deprived sections.
  • Article 16(4) and 16(6) deals with reservation in Government jobs for ensuring adequate representation (not proportionate representation).
  • Article 330 and 332 deals with reservation in Parliament and State Legislature for ensuring political representation.
  • Tags :
  • Reservation
  • Fundamental Rights
  • Article 15
  • Ceiling Limit
  • Article 16
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