Daily News Analysis ‘Bihar quota struck down: what is the 50% ceiling that the Patna High Court relied upon? ‘: 21 June

About 50% Ceiling on Reservations in India:

• Indra Sawhney Case (1992): landmark judgement by a 9-judge constitution bench of the Supreme Court of India in 1992.

• The 50% ceiling on reservations was established by the Supreme Court in the landmark Indra Sawhney & Others v. Union of India case, also known as the Mandal Commission case.
• In this case, the Court examined the validity of the recommendations made by the Mandal Commission, which proposed a 27% reservation for Other Backward Classes (OBCs) in central government jobs and educational institutions.

• The rationale behind the 50% Ceiling

• Equality Principle: Article 14 of the Indian Constitution guarantees equality before the law and equal protection of the laws. 

The Supreme Court reasoned that an excessive reservation could violate this fundamental right by leading to reverse discrimination.

• Balancing Affirmative Action and Merit: The 50% ceiling aims to strike a balance between providing opportunities to disadvantaged groups and maintaining meritocracy within public institutions.
• Avoiding Fragmentation of Society: The Court was concerned that unrestricted reservations could lead to further societal divisions and undermine the goal of achieving a cohesive society.

• Recent Developments:
  • 103rd Constitutional Amendment Act (EWS Quota): The introduction of the 10% quota for Economically Weaker Sections (EWS) in 2019 raised questions about the 50% ceiling. However, the Supreme Court upheld the EWS quota, interpreting it as an exception to the established limit.

Why in the News?

• Patna High Court set aside notifications by the Bihar government increasing reservation in government jobs and educational institutions from 50% to 65%. 
• Central to this decision is the 50% ceiling on reservations set by the Supreme Court of India.