Skip to main content

Patna High Court Declares Bihar’s Reservation Amendments Ultra Vires

 

Patna High Court Declares Bihar’s Reservation Amendments Ultra Vires

In a landmark decision, the Patna High Court has invalidated the Bihar government's legislative attempt to increase reservations for backward classes. The court's ruling focused on procedural flaws and the absence of a robust empirical basis for the hike, sparking a debate on judicial intervention in affirmative action policies.


Background and Rationale Behind Setting Aside Bihar Reservation Increase Law

The Bihar government had proposed an increase in reservations to address socio-economic disparities faced by backward classes. However, the court found that the state failed to follow due process, which includes conducting a thorough empirical study to justify the policy change. This procedural oversight led to the court's decision to strike down the increase.

The High Court emphasized the necessity of a data-driven approach for policy changes related to reservations. The ruling underscored that without solid empirical evidence, such policies could not be justified within the constitutional framework. This insistence on evidence-based policymaking is seen as a crucial aspect of the court's judgment.

Also Read: Delhi High Court Stays Delhi Chief Minister Arvind Kejriwal's Bail in Excise Policy Case

The Hon'ble High Court observed that, "In our judgment hence, the enhancement of reservations beyond the 50% limit is bad in law based on the principles of equality emanating from the Constitution, as laid down by the wealth of precedents discussed in this judgment; binding on us and the State equally. We, hence, set aside the Bihar Reservation of Vacancies in Posts and Services (for Scheduled Caste, Scheduled Tribes and Other Backward Classes) Amendment Act, 2023 and the Bihar Reservation (in Admission to Educational Institutions) Amendment Act, 2023 as ultra vires the Constitution and violative of the equality clause under Articles 14, 15 and 16".

Implications on Future Policies

The ruling is likely to influence how states formulate and implement reservation policies in the future. It highlights the need for a balanced approach that respects legal frameworks while advancing social equity. As Bihar and other states navigate these complex issues, the emphasis on due process and empirical evidence in policymaking will play a significant role in shaping future initiatives.

Also Read: Supreme Court Imposes Cost on State of Uttar Pradesh Due to Non Compliance of Direction of Release of Petitioners on Probation

The Patna High Court's decision serves as a critical reminder of the importance of procedural rigor and empirical validation in policy formulation, particularly in areas as impactful as affirmative action. This ruling may catalyze a nationwide debate on the effectiveness and fairness of reservation policies, potentially leading to legislative and policy reforms aimed at achieving greater social justice.

CLICK HERE TO READ JUDGMENT

Comments

Popular posts from this blog

Pune Porsche Crash: Father of Minor Granted Bail

Image Credit: tv9marathi A Pune court has granted bail to the minor’s father, Vishal Agarwal, who faced charges under the Juvenile Justice Act for neglect and endangering the child by allowing him to drive without a license and consume alcohol. Additionally, bar owners and managers were arrested for serving alcohol to minors. The father, already in custody for other related charges, was implicated in the alleged manipulation of his son’s blood samples and in a separate case of kidnapping his driver. Advocate Prashant Patil argued that Vishal Agarwal's arrest was unlawful, contending that the charges were non-cognizable offenses and required a notice under the Criminal Procedure Code. Mr. Patil also highlighted contradictions in police reports, where the minor was listed as the accused in one FIR and as a victim in another.  Also Read:  Delhi High Court Stays Delhi Chief Minister Arvind Kejriwal's Bail in Excise Policy Case Earlier Proceedings in the Pune Porsche Crash Inc...

Justice Rohit Deo of Bombay High Court, Nagpur Bench Announces Resignation in Open Court

Justice Rohit Deo, a judge of the Bombay High Court, Nagpur Bench, announced his resignation on personal grounds during a courtroom session in Nagpur.  The matters scheduled before him for the day were discharged following the announcement. Appointed to the Bombay High Court in June 2017, he was originally set to retire in December 2025. Justice Deo apologized to those present in the court, stating that he scolded them in an effort to encourage improvement. He expressed his resignation, mentioning that he cannot work against his self-respect. He later confirmed to reporters that he has submitted his resignation letter to the President of India due to personal reasons. Notably, in 2022, Justice Deo had acquitted a former Delhi University professor in a case involving alleged Maoist links. However, the Supreme Court stayed the order and instructed the Nagpur bench to rehear the case. Justice Deo had also recently stayed the implementation of a Maharashtra Government Resolution relate...