Politics

Supreme Court Declines to Stay Patna HC Order Nullifying 65% Reservation in Bihar

On Monday, the Supreme Court declined to uphold the ruling of the Patna High Court, which had reversed the rise in reservations for SC, ST, and Backward Classes from 50% to 65% in public employment and admission to educational institutions.

Nonetheless, a bench consisting of Chief Justice D Y Chandrachud, Justices J B Pardiwla and Manoj Misra decided to consider a minimum of ten applications from the Bihar government challenging the Patna High Court ruling. The highest court stated the petitions will be considered in September and allowed leave for appeal without even notifying parties of their pleas.

Senior attorney Shyam Divan pleaded with the judge to stay the HC ruling while representing the state administration. He stated that the top court had then halted the high court’s order, citing a case similar to that of Chhattisgarh. The panel led by Chief Justice India declared, “We will list the matter, but we will not grant any stay (on the HC verdict)”.

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The state’s bicameral legislature approved the revisions unanimously in November of last year. The high court determined in its June 20 ruling that they were “ultra vires” of the Constitution, “bad in law,” and “violative of the equality clause.” Indra Sawhney, the Supreme Court set a 50% cap on reservations; the high court had made it clear that it saw “no extenuating circumstance enabling the state to breach” this cap.