Symbolic picture.
– Photo : Amar Ujala
Expansion
The National Democratic Alliance government of the state had decided to conduct caste-based census in Bihar. The census work was completed during the Mahagathbandhan government formed in between. Chief Minister Nitish Kumar was also the head of the Mahagathbandhan government. The Mahagathbandhan government had increased the reservation percentage in the state to 65 on the basis of caste census data. In the Lok Sabha elections 2024, the main party of the Mahagathbandhan, Rashtriya Janata Dal, also took credit for this reservation. No party had said that increasing the reservation percentage was wrong. But now, the Patna High Court has declared the state government’s decision to increase the reservation percentage as unconstitutional.
Nitish government got a big shock after the court’s decision
This decision of the court is being considered a big blow to the Nitish government. During the hearing on Thursday, Patna High Court has cancelled the law of Bihar government giving 65% reservation to Scheduled Castes, Tribes, Extremely Backward and Other Backward Classes. Patna High Court has declared it unconstitutional. This means that now Scheduled Castes, Tribes, Extremely Backward and Other Backward Classes will not get 65% reservation in educational institutions and government jobs. The old system of 50% reservation will be implemented.
Violates the Fundamental Rights of the Indian Constitution
In fact, Gaurav Kumar and others had filed a petition in the Patna High Court against the 65 percent reservation law. The petition filed by the petitioner states that according to the constitutional provisions, reservation was arranged to give proper representation to the socially and educationally backward classes. Not the provision of giving reservation in proportion to the population. This amended Act of 2023 passed by the Bihar government violates the fundamental rights of the Indian Constitution. It violates the equal right to appointment in government jobs, while it also violates the fundamental right related to discrimination. A division bench of Chief Justice KV Chandran heard it at length. After this, the court reserved the decision on March 11. Today the court ruled to cancel the state government’s decision to increase the limit of 50 percent reservation to 65 percent.
The gazette was published by the Bihar government on 21 November 2023
The Bihar government had increased the reservation scope to 65 percent through the Reservation Amendment Bill. Add the 10 percent reservation given to the economically weaker section, which will give the benefit of a total reservation of 75 percent. On 21 November 2023, the Bihar government had published a gazette regarding this. After this, Scheduled Castes / Tribes, Backward Classes and Extremely Backward Classes were getting the benefit of 65 percent reservation in educational institutions and jobs.
Know how much reservation was increased for which category
- The 16 percent reservation given to Scheduled Castes was increased to 20 percent.
- The one percent reservation given to the Scheduled Tribes has now been increased to two percent.
- The reservation for backward classes was increased from 12 percent to 18 percent and the 18 percent reservation for extremely backward classes was increased to 25 percent.
