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In Bihar’s 65 percent reservation case, the Supreme Court put the government and the opposition in the same camp

by Sandhya Hirani
September 6, 2024
In Bihar's 65 percent reservation case, the Supreme Court put the government and the opposition in the same camp

In the legal battle to save 65 percent reservation for Dalits, tribals and backward classes in Bihar, the Supreme Court has put the state government and the opposition on the same side. The Supreme Court on Friday tagged the appeal of Lalu Prasad Yadav’s party Rashtriya Janata Dal (RJD) filed against the cancellation of Bihar reservation law by Patna High Court with the appeal of the Nitish Kumar-led state government and issued notice to the concerned parties. The next hearing may take place after the Dussehra holiday.

On the basis of the caste-based survey report, in November 2023, Nitish’s grand alliance government increased the reservation of SC, ST, OBC and EBC to 65 percent. On June 20, 2024, the Patna High Court canceled Bihar’s new reservation law, calling it a violation of three articles of the Constitution. The state government has challenged this decision in the Supreme Court in July itself. On July 29, while hearing the appeal of the state government, the Supreme Court refused to put any stay on the decision of the High Court.

After a formal meeting with Nitish in the CM’s office on Tuesday for the appointment of Information Commissioners in Bihar, opposition leader Tejashwi Yadav had said in response to media questions that he had discussed with the CM about including the Bihar Reservation Act in the Ninth Schedule. When journalists asked what Nitish replied, Tejashwi said that the CM said that the matter is in court. Tejashwi had said that he told the CM that RJD has also reached the court, both of them will put their point across nicely there.

The state government had passed the new reservation law in November 2023, after which only 35 percent of the seats were left for the general category people in government jobs and admission in educational institutions. After adding 10 percent EWS, it came down to 25 percent. In the new law, the state government had increased the reservation of SC, ST, OBC and EBC from 16 to 20, 1 to 2, 12 to 18 and 18 to 25 percent respectively.

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