In a landmark judgment, the Patna High Court on Thursday invalidated the 2023 amendments passed by the Bihar Assembly that aimed to increase the reservation limit for various backward classes, including Scheduled Castes (SC), Scheduled Tribes (ST), Extremely Backward Classes (EBC), and Other Backward Classes (OBC), from 50 percent to 65 percent.

A division bench comprising Chief Justice K Vinod Chandran and Justice Harish Kumar declared the Bihar Reservation of Vacancies in Posts and Services (Amendment) Act, 2023, and the Bihar (In Admission in Educational Institutions) Reservation (Amendment) Act, 2023, unconstitutional. The court ruled that these amendments violated the equality clause enshrined in Articles 14, 15, and 16 of the Indian Constitution, which ensure equal opportunity for all citizens in matters of public employment and education.

The verdict came in response to a series of petitions challenging the amendments. The petitioners argued that the increased quota infringed on the rights of citizens by disproportionately favoring certain groups, thus undermining the principle of equal opportunity.

In November 2023, the Bihar Assembly had passed the controversial Reservation Amendment Bill, which proposed an increase in the quota for SCs, STs, EBCs, and OBCs in government jobs and educational institutions from the existing 50 percent to 65 percent. Under the new scheme, the reservation was set at 20 percent for SCs, 2 percent for STs, 18 percent for OBCs, and 25 percent for EBCs. This adjustment reduced the allocation for the open merit category to 35 percent.

Chief Justice Chandran and Justice Kumar, in their ruling, emphasized that while affirmative action is essential for social justice, it must not contravene constitutional provisions ensuring equality for all citizens. The bench noted that the amendments were ultra vires, or beyond the powers of the legislature, and thus could not be upheld.