In a significant blow to the Bihar government, the Supreme Court on Monday declined to stay the Patna High Court’s order that overturned amended reservation laws. These laws, introduced by the Nitish Kumar administration, sought to increase quotas for Dalits, tribals, and backward classes from 50 percent to 65 percent.
A bench led by Chief Justice D Y Chandrachud and justices J B Pardiwala and Manoj Misra agreed to hear 10 petitions from the Bihar government challenging the High Court’s decision. However, the Supreme Court did not issue notices and instead granted leave for appeal, scheduling the hearings for September.
Senior advocate Shyam Divan, representing the Bihar government, requested a stay on the High Court’s order, citing a similar case in Chhattisgarh where the Supreme Court had intervened. Despite this, Chief Justice Chandrachud stated that we would list the matter but not grant any stay.
The High Court, in its June 20 verdict, declared the amendments—passed unanimously by Bihar’s bicameral legislature in November of the previous year—as ultra vires of the Constitution, bad in law and violative of the equality clause.
