Decode Politics: Amid row over Bihar quota hike scrapping, how JD(U), BJP, RJD may play

In a blow to the Nitish Kumar-led NDA government in Bihar, the Patna High Court on Thursday struck down its November 2023 move to raise quotas for the Scheduled Castes (SCs), Scheduled Tribes (STs), Other Backward Classes (OBCs) and Extremely Backward Classes (EBCs) from 50% to 65% in government jobs and educational institutions.

The court’s verdict has heated up Bihar politics at a crucial juncture, with the Nitish-led JD (U) having emerged as a critical NDA ally in the recent Lok Sabha elections in which the BJP fell short of a simple majority.

Here is a look at the political ramifications of the court’s verdict in Bihar.

Why HC quashed govt move

The high court set aside the government’s move to hike quotas – by amending two laws – on various grounds, making it clear that population percentage cannot form the sole basis for it, merit cannot be totally compromised, and the move infringed upon the Constitution’s provisions for the right to equality. Another reason for the court’s decision to strike down the government’s decision – which was dubbed a “Nitish master stroke” – is the Supreme Court-stipulated quota ceiling at 50%.The HC called enhancement of quota beyond 50% “bad in law based on principles of equality”. The court was not convinced with the state government justifying the quota increase in light of the findings of the Bihar Caste Survey 2022-2023. The state proceeded on the mere proportion of population of different categories as against their numerical representation in government services and educational institutions, the court said, adding that the government’s argument went against the core principles of Articles 15(4) & 16(4) of the Constitution dealing with the right to equality.

Why Nitish raised quota cap