Bihar's 65% Reservation Law: From Enactment to Supreme Court Strike Down
Complete legal journey of Bihar's controversial reservation amendment with final SC verdict
Complete Case Timeline
Legislative Journey
9 November 2023: Bihar Assembly unanimously passes amendments
Reservation Increase Breakdown
| Category | Change |
|---|---|
| EBC | 25% → 30% |
| OBC | 12% → 15% |
| SC | 16% → 20% |
| ST | 1% → 2% |
Total reservation: 75% (including 10% EWS)
Judicial Challenges
20 June 2024:
Patna High Court strikes down amendments
Finds backward classes already hold 68.52% government posts
29 July 2024:
- Supreme Court refuses interim stay on HC judgment
6 September 2024:
- Final SC verdict declares law unconstitutional
Supreme Court’s Key Findings
- On the 50% Ceiling Limit
Legal Principle Flow:
Indra Sawhney established 50% cap
This is a constitutional requirement
Exceptions require extraordinary circumstances
Bihar failed to show such circumstances
- On Caste Survey Data
Deficiencies Found:
Only population data, no backwardness analysis
No examination of community progress
Economic factors not properly considered
Court’s Observation:
"Reservation cannot be based solely on population proportions"
Supreme Court’s Verdict (6 September 2024)
In an unanimous 5-0 decision, the Constitution Bench of the Supreme Court declared Bihar’s 65% reservation law unconstitutional, upholding the Patna High Court’s earlier ruling. Chief Justice D.Y. Chandrachud stated:
“The 50% ceiling limit on reservations is not merely a rule of prudence but a constitutional requirement that safeguards the principle of equality enshrined in Articles 14, 15, and 16.”
Key Judgment Highlights
- Bench Composition: CJI Chandrachud, Justices Narasimha, Kohli, Mishra, Gupta
- Core Finding: Violates basic structure of Constitution
- Primary Reference: Indra Sawhney v Union of India (1992)
- Order: Immediate reinstatement of 50% reservation cap