Patna High Court (HC) struck down Bihar Reservation Quota

The Patna High Court has recently struck down the Bihar Government’s decision to increase reservation quotas for SCs (Scheduled Castes), STs (Scheduled Tribes), and OBCs (Other Backward Classes) from 50% to 65%.

Current Status of Reservation in India:

• The Indian Constitution maintains a 50% ceiling on reservations, with exceptions allowed under Article 16(4) for special circumstances, providing valid grounds for exceeding this limit.
• Reservation should be based on adequate representation rather than proportionate representation.
• Exceeding the ceiling without citing exceptional circumstances is deemed a violation of Articles 14, 15, and 16.
• Proportionate reservation, based on the population of backward classes, is not permitted under the Constitution.

Constitutional Articles Related to Reservation:

• Article 14: Ensures equality before the law and equal protection of the laws within India.
• Article 16: Prohibits discrimination based on religion, race, caste, sex, descent, place of birth, or residence in employment and allows provisions for backward classes under Article 16(4).
• Article 330 and Article 332: Provide for the reservation of seats for SCs and STs in the House of the People and State Legislative Assemblies, respectively.
• Article 342A (3): Allows each state or union territory to maintain its list of socially and educationally backward classes separate from the Central List.
• Article 15(4) and Article 15(5): Empower the state to make special provisions for the advancement and reservation of seats for SCs, STs, and SEBCs in educational institutions.
• 102nd Amendment: Altered the states’ power to identify backward classes in their territories for reservations.
• 103rd Amendment Act: Introduced a separate reservation quota for economically weaker sections of society.