The Supreme Court on Monday declined to stay a Patna High Court decision that nullified the Bihar government’s amendment to reservation laws. These amendments had increased the reservation quota for Dalits, tribals, and backward classes in the state from 50% to 65%.
The bench, led by Chief Justice D Y Chandrachud and comprising Justices J B Pardiwla and Manoj Misra, did not issue notices regarding the appeals but scheduled the Bihar government’s ten petitions for a hearing in September.
Senior advocate Shyam Divan, representing the state government, sought a stay on the High Court’s ruling, citing a precedent where the Supreme Court had stayed a similar decision by the Chhattisgarh High Court. Despite this argument, Chief Justice Chandrachud stated, “We will list the matter, but we will not grant any stay (on the HC verdict).”
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The Patna High Court, in its June 20 verdict, had ruled that the amendments passed by Bihar’s bicameral legislature in November of the previous year were unconstitutional. The court described these amendments as “ultra vires” of the Constitution, “bad in law,” and “violative of the equality clause.”
