SC notifies central, Bihar govt regarding appeal challenging Patna HC judgment on reservation
The SC's decision was influenced by RJD's reaction mentioning their resistance and the "rights of the deprived".
The Supreme Court gave notifications to the Bihar and the central government to react to an RJD appeal that challenged the Patna High Court’s judgment regarding the raising of Bihar’s quota to sixty-five percent. On Friday, a long time ago, the state of Bihar received the same notification. The order granted by the Bihar High Court has not been stayed by the Supreme Court, and both the Bihar government and the Center have been asked to respond to the RJD Appeal.
After the Bihar High Court’s decision of the increased quota, the Rashtiya Janata Dal (RJD) which is the main party in the opposition has told the Supreme Court to check the same. Higher quota in this regard is sanctioned by a law passed by the government following the caste census carried out last year. The SC’s decision was influenced by RJD’s reaction mentioning their resistance and the “rights of the deprived” which they will continue to do.
RJD is taking the Patna High Court judgment to the SC on the issue of the act of Bihar Reservation Amendment. Consequently, the Supreme Court has a notification about that. On X(formerly Twitter), RJD has ensured that it will “continue to fight for the reservation and rights of the oppressed and the defeated people on the streets, in the House, and the courts,” and it addressed the BJP and CM Nitish Kumar in Hindi.
The target of reserving seats in the educational institutions and jobs in the state’s government for the backward classes, the extremely Backward Classes, the Scheduled Castes (SCs), and the Scheduled Tribes (STs) was moved from fifty percent to sixty-five percent after implementing the state quota changes.
This extra quota is also aimed at the colleges and government stations throughout the state. The measures to amend the act were endorsed by the legislative council and the Bihar Assembly with every member voting for it.
The court resolves on 20th June 2018,On the grounds that the petitioners had made the changes unconstitutional. The court has regarded the changes to be “ultra vires” of the Constitution, “bad in law,” and “violative of the equality clause.”
The Supreme Court had provided for a 50% mark of reservation in the history of the 1992 Indra Sawhney case, and according to the bench there was “no extenuating circumstance enabling the state to breach” that limit.
The Supreme Court got a notice for the appeal that the Bihar government had filed against a High Court verdict. In July, the court denied the stay order.RJD’s petition, was heard along with the state gov’t appeal by a bench of members; Chief Justice D Y Chandrachud, Justices J B Pardiwala, and Manoj Misra and the parties concerned were notified.
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