In a significant setback for the NDA-led Bihar government, the Supreme Court on Monday declined to grant a stay on a Patna High Court ruling that invalidated the amended reservation laws. These laws permitted the Nitish Kumar administration to elevate quotas for Dalits, tribals, and backward classes from 50 per cent to 65 per cent.
A bench consisting of Chief Justice D.Y. Chandrachud, along with justices J.B. Pardiwala and Manoj Misra, has agreed to hear a total of ten petitions filed by the Bihar government challenging the verdict issued by the Patna High Court.
The Supreme Court, which did not even issue notices on the petitions, granted leave for appeal and announced that the cases would be heard in September.
Appearing for the state government, senior advocate Shyam Divan urged the bench to stay the HC order.
He cited a similar case from Chhattisgarh, noting that the Supreme Court had issued a stay on the high court’s order in that instance.
“We will list the matter, but we will not grant any stay (on the HC verdict),” the CJI said, PTI reported.
Early on its June 20 verdict, the high court stated that the amendments, Which were unanimously passed by the state’s bicameral legislature in November of the previous year, were “ultra vires” of the Constitution, “bad in law” and “violative of the equality clause”.
