New Delhi: The Supreme Court has issued a notice to the Central government and the Bihar state government regarding a petition filed by the Rashtriya Janata Dal (RJD) challenging the Bihar High Courts decision to strike down the increased reservation quota of 65 percent in Bihar. Although the Supreme Court has not yet imposed a stay on the High Courts order, the RJD has vowed to continue fighting for the rights of the underprivileged and the increased reservation quota, which was introduced following a caste survey last year.Background of the disputeThe controversy revolves around the Bihar Reservation Amendment Act, which raised the reservation percentage for Backward Classes, Extremely Backward Classes, Scheduled Castes (SCs) and Scheduled Tribes (STs) from 50% to 65%. This change was enacted following a detailed caste survey conducted last year. The legislation, passed unanimously in both the Bihar Assembly and legislative council, aimed to extend the increased reservation to educational institutions and government jobs within the state.However, this move faced legal challenges, leading to the High Courts decision on June 20, which deemed the amendment ultra vires of the Constitution. The court criticized the legislation as bad in law and found it to be in violation of the equality clause. The bench noted that there were no exceptional circumstances justifying a breach of the 50% cap on reservations established by the Supreme Court in the 1992 Indra Sawhney case. Reactions from political partiesIn response to the Supreme Courts notice, the Rashtriya Janata Dal (RJD), the principal opposition party in Bihar, expressed its determination to continue advocating for reservation rights. The RJD criticized Bihar Chief Minister Nitish Kumar and the Bharatiya Janata Party (BJP) in a post on X, emphasizing its commitment to fighting for the rights of marginalized communities through various platforms, including public demonstrations, legislative debates and legal channels.Supreme Court issues notice on RJDs petition against Patna HC order quashing Bihar Reservation Amendment Act. RJD will keep fighting for the reservation and rights of the deprived and the neglected on the streets, in the House and in the court, the party stated in Hindi.Supreme Court proceedingsThe Bihar government has also challenged the High Courts decision by appealing to the Supreme Court. In July, the Court refused to grant a stay on the High Courts order. The matter was brought before a bench led by Chief Justice DY Chandrachud, alongside Justices JB Pardiwala and Manoj Misra. On Friday, this bench issued notices to the Bihar government and the Centre, consolidating the RJDs petition with the pending appeal from the state government.Caste survey reveals Bihars complex demographicsThe caste survey conducted in Bihar revealed a complex demographic landscape: 36% of the states population belongs to extremely backward classes, 27.1% to backward classes, 19.7% to Scheduled Castes and 1.7% to Scheduled Tribes. The general category, including upper castes, constitutes 15.5% of the population.In response to this survey, the Bihar Reservation of Vacancies in Posts and Services (for Scheduled Caste, Scheduled Tribes, and Other Backward Classes) Amendment Act, 2023, and the Bihar (Admission in Educational Institutions) Reservation (Amendment) Act, 2023, were introduced to implement the 65% reservation quota.The issue has also become a focal point in national politics. The Congress party, with support from the INDIA alliance and its leader Rahul Gandhi, has pledged to address the caste census and challenge the 50% reservation cap if it comes to power.
