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.

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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.

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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.

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