Bihar Reservation Law: Supreme Court declines to stay Patna High Court order that struck down 65% Quota in Bihar for Backward Classes

Today (July 29, 2024), the Supreme Court (SC) of India declined to stay the order of the Patna High Court that set aside the increase in reservation for Backward Classes, Extremely Backward Classes, Scheduled Castes, and Scheduled Tribes (SC/STs) in Bihar from 50% to 65%. The SC bench was hearing an appeal moved by the Bihar Government challenging the decision of the Patna High Court (HC). The bench constituting Chief Justice of India DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra admitted the petition filed by the Bihar Government but declined to grant interim relief; therefore, listed the matter for hearing to September. 

During the proceedings, Senior Advocate Shyam Divan who appeared for the State of Bihar requested a stay of Patna HC’s order contending that the top Court passed an interim order in a similar law relating to Chhattisgarh. The bench declined and said, “No interim relief at the present stage is granted…list for final hearing.” Earlier on June 20, the Patna HC struck down the Bihar Reservation of Vacancies in Posts and Services (for Scheduled Caste, Schedules Tribes, and Other Backward Classes) Amendment Act, 2023, and the Bihar (In admission in Educational Institutions) Reservation (Amendment) Act, 2023, as ultra vires the constitution and violative of equality clause under Article 14, Article 15, and Article 16 of the Constitution of India.