Mod 4: The 65% Caste Quota Litigation & Judicial Review
Legislative Expansion of the Quota:
Following the findings of the Bihar Caste-based Survey in late 2023—which established that Backward Classes (BC), Extremely Backward Classes (EBC), Scheduled Castes (SC), and Scheduled Tribes (ST) constituted 84.46% of the state's population—the legislature enacted the Bihar Reservation Amendment Acts, 2023. The laws raised caste-based reservations in public employment and educational admissions from 50% to 65%. With the existing 10% quota for Economically Weaker Sections (EWS), aggregate reservations reached 75%.
Patna High Court Ruling (June 2024):
On June 20, 2024, a Division Bench of the Patna High Court headed by Chief Justice K. Vinod Chandran and Justice Harish Kumar struck down the amended laws, ruling them ultra vires of Articles 14, 15, and 16. The bench held that the state had failed to produce quantifiable data demonstrating 'inadequacy of representation' and breached the 50% ceiling established by the 9-judge bench in Indra Sawhney v. Union of India (1992).
Supreme Court Trajectory & 9th Schedule Debate:
In July 2024, the Supreme Court admitted the state's Special Leave Petition (SLP) but declined to grant an interim stay on the High Court judgment. Consequently, recruitments during 2024–2026 proceeded under the earlier 50% baseline (plus 10% EWS). Regional parties have continually demanded the placement of the 65% quota into the Ninth Schedule of the Constitution under Article 31B to protect it from judicial review.
Exam View: Key Takeaways for Competitive Examinations:
- Statutory Shift: Caste quota increased from 50% to 65% (total 75% including 10% EWS).
- High Court Order: Struck down on June 20, 2024, for violating Articles 14, 15, and 16.
- Precedent Invoked: 50% reservation ceiling from Indra Sawhney (1992).
- Protective Mechanism Demanded: Inclusion in the 9th Schedule via constitutional amendment under Article 31B.
- Statutory Shift: Caste quota increased from 50% to 65% (total 75% including 10% EWS).
- High Court Order: Struck down on June 20, 2024, for violating Articles 14, 15, and 16.
- Precedent Invoked: 50% reservation ceiling from Indra Sawhney (1992).
- Protective Mechanism Demanded: Inclusion in the 9th Schedule via constitutional amendment under Article 31B.
- Statutory Shift: Caste quota increased from 50% to 65% (total 75% including 10% EWS).
- High Court Order: Struck down on June 20, 2024, for violating Articles 14, 15, and 16.
- Precedent Invoked: 50% reservation ceiling from Indra Sawhney (1992).
- Protective Mechanism Demanded: Inclusion in the 9th Schedule via constitutional amendment under Article 31B.
Answer this question, then use Next.
Question 1: In June 2024, the Patna High Court struck down Bihar's amended reservation law that had raised social quotas from 50% to what percentage?
Question 2: Which landmark Supreme Court ruling was cited by the Patna High Court as setting the 50% upper ceiling on reservations?
Question 3: In July 2024, what was the Supreme Court's order on Bihar's plea against the High Court's reservation order?
Question 4: What combined proportion of Bihar's population was formed by SC, ST, EBC, and BC communities in the caste survey?
Question 5: Under which constitutional schedule have regional parties sought the placement of the 65% quota law?
Question 6: Which Articles of the Constitution were held to be violated by the High Court while striking down the 65% reservation law?
Question 7: What was the aggregate reservation percentage in Bihar when the 10% EWS quota was added to the 65% social quota?
Question 8: Who was the Chief Justice of the Patna High Court who presided over the June 2024 reservation bench?
Question 9: Under ancient and constitutional definitions, under which Amendment was 10% EWS implemented?
Question 10: In which legal case did the Supreme Court rule in 2007 that laws placed in the Ninth Schedule after April 24, 1973, are open to judicial review?
One-liners
Write your answer, then submit to see the correct answer.
Statutory Shift: ______
Caste quota increased from 50% to 65% (total 75% including 10% EWS).High Court Order: Struck down on June 20, 2024, for violating Articles 14, 15, and 16.
Struck down on June 20, 2024, for violating Articles 14, 15, and 16.Precedent Invoked: ______
50% reservation ceiling from Indra Sawhney (1992).Protective Mechanism Demanded: ______
Inclusion in the 9th Schedule via constitutional amendment under Article 31B.