Patna High Court has cancelled the decision to increase the quota to 65% in Bihar.
- Patna High Court has cancelled the decision to increase reservation for deprived castes in Bihar from 50% to 65%percent. the decision of the High Court. The questions arose in the minds of people as to why the court overturned this decision of the government.
Bihar government’s reservation dropped on the argument of the Indira Sahni case.
- Petitioner’s lawyer Gaurav said that there is a provision of 49.50 percent reservation in government educational institutions in the state.
- Social and economic class decides it. In the 1992 Indira Sawhney and others vs Central Government case. The Supreme Court had said that whatever governments are there, they can bring reservations within 50% only.
- In that ruling, the country’s biggest court said that the govt can allocate reservations for only up to 50% of the total vacancies in jobs or educational institutions.
- But the state brought two laws, frist to provide education and the other to provide employment. The state government increased the 49.5% reservation to 75%. Based on this, this decision of the Bihar government was challenged in the Patna High Court.
- The petition said that the law violates Articles 14 and 16 (Fundamental Right to Equality). In our petition, we based the decision on the Indira Sawhney case and the Maratha. Reservation case a few years ago. In both these decisions, the Supreme Court has said that more than 50% reservation cannot be given.
- The Chief Justice bench of the Patna High Court has delivered a judgment stating that 75% reservation violates Articles 14 and 16 of the Constitution.
- They mentioned that the Supreme Court’s prescribed limit of 50% reservation directly contradicts both laws. Therefore, they ordered the termination of both statutes. On Thursday, the Patna High Court said that if there is a need to increase the reservation limit, this constitutional bench will determine it.
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Article 370 of the Constitution of India
Even in the Maratha reservation case hearing, the court cancelled 50% of the reservations.
Petitioner’s lawyer Gaurav said that in 2018, a bench of five judges in the Supreme Court had heard the Maratha reservation case. Earlier, a bench of (9) judges heard the Indira Sahni case. In both cases, the Supreme Court clearly said that the government cannot give more than 50% reservation.
It was argued that the rule of 50% reservation set by the Supreme Court should be broken and taken forward. On this, in the Maratha Judgment. The Supreme Court clearly said that if we increase the reservation by more than 50%. It will be against the Constitution. Besides, this will also be against Articles 14 and 16. In this way, the Supreme Court completely refused to increase the reservation limit beyond 50%.
The Rajasthan government made a similar effort and attempted to break the rule of 50% reservation. The Supreme Court then said that the government should review this decision. And keep the provision of reservation below 50%. After the verdict in the Indira Sawhney case of 1992.
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