The recent petition challenging the legislation for increased reservation rights faced a hearing at the Patna High Court, which has presently refrained from imposing an immediate halt on the matter. The bench comprising Chief Justice K. Vinod Chandran and Justice Rajiv Roy has summoned the state government to respond to Gaurav Kumar’s petition by January 12 next year.
Analyzing the Legal Standpoint
Representing the state government, Advocate PK Shahi highlighted that technical issues of this nature cannot be posed as a challenge through a public interest litigation.
While challengers can contest the validity of the Amendment Act, it cannot be pursued through a public interest petition. The debate primarily revolves around the maximum threshold of 50% reservation.
After hearing arguments from the petitioners and government counsels, the High Court ruled that there cannot be an immediate halt imposed on this legislation.
The recent amendments, namely the Bihar Reservation (Scheduled Castes, Scheduled Tribes, and Other Backward Classes) Amendment Act 2023 and Bihar (Admissions in Educational Institutions) Reservation Amendment Act 2023, were passed by the Bihar Legislative Assembly.
Governor’s approval on November 18 and the subsequent gazette notification by the state government on November 21 brought these amendments into effect.
The petition contends that these amendments were based on a caste-based survey, which purportedly showed the percentage of Scheduled Castes, Scheduled Tribes, Other Backward Classes, and Extremely Backward Classes as 63.13%. Consequently, the reservation for these categories was increased from 50% to 65%. Opponents argue that this amended legislation violates fundamental rights under the Indian Constitution.
Government Opposition Tactics Fizzle Out: Chaudhary
Minister of Parliamentary Affairs Vijay Kumar Chaudhary mentioned that another plot by opponents of the Nitish Kumar government has fallen flat. He emphasized that the reservation cap for Dalits and backward classes was extended based on a calculation grounded in caste demographics during the previous legislative session.
Certain factions, even those seemingly aligned with these groups’ interests, have persistently conspired against the government. A prominent BJP leader had previously announced challenging this law in court, a move promptly undertaken, only to meet denial from the High Court.
The opposition’s attempt to halt the law through the judiciary has failed, signifying a thwarted conspiracy. Chaudhary expressed confidence that more such hidden agendas aimed at curtailing the rights of the underprivileged will be unveiled in due time.
