The Bihar government has appealed to the Supreme Court against a Patna High Court ruling that overturned amended reservation laws. These laws, implemented by the Nitish Kumar government, aimed to raise quotas for Dalits, tribals, and backward classes from 50% to 65% in the state.

In its June 20 verdict, the high court declared that the amendments, unanimously passed by Bihar's bicameral legislature in November last year, were deemed "ultra vires" of the Constitution, "legally invalid," and "in violation of the equality clause."

The state's appeal has been lodged in the Supreme Court by advocate Manish Kumar. A division bench of the high court had entertained several petitions contesting the Bihar Reservation of Vacancies in Posts and Services (for Scheduled Castes, Scheduled Tribes, and Other Backward Classes) (Amendment) Act, 2023, and the Bihar (In Admission in Educational Institutions) Reservation (Amendment) Act, 2023. The high court's decision allowed these challenges, while also deciding that each party would bear its own costs.

In an extensive 87-page order, the high court explicitly stated that it found no justifiable reason for the state to exceed the 50% reservation cap established by the Supreme Court in the landmark Indra Sawhney case.

"The state proceeded on the mere proportion of population of different categories as against their numerical representation in government services and educational institutions," the high court pointed out.

The amendments were based on a caste survey indicating that Other Backward Classes (OBC) and Extremely Backward Classes (EBC) constituted approximately 63% of Bihar's population, with Scheduled Castes (SCs) and Scheduled Tribes (STs) comprising over 21%.

The Bihar government undertook this exercise after the Centre expressed its inability to conduct a recent caste census beyond Scheduled Castes (SCs) and Scheduled Tribes (STs), last done as part of the 1931 Census.