With the Supreme Court on Monday refusing to provide an interim stay on the Patna High Court’s June 20 order scrapping the Bihar government’s notifications raising the reservation cap from 50% to 65%, the Nitish Kumar-led government faces the politically challenging task of getting the Centre to include the quota hike in the Ninth Schedule of the Constitution to provide it legal immunity.

During the recently concluded Assembly session, Chief Minister Nitish Kumar told the House that he had requested Prime Minister Narendra Modi to include the quota hike decision in the Ninth Schedule, which includes a list of Central and state laws that cannot be challenged in courts. A Supreme Court Bench of Chief Justice of India D Y Chandrachud and Justices JB Pardiwala and Manoj Misra listed the case for a final hearing in September, saying it will not grant any interim relief.

The decision leaves Kumar in a difficult position as he now has to navigate the political complexities of pushing for constitutional amendments while maintaining support from various social and political groups within the state. The inclusion of the quota hike in the Ninth Schedule would shield it from judicial scrutiny, but achieving this requires political consensus and cooperation from the Centre.

The road ahead for Nitish Kumar involves balancing the expectations of the communities benefiting from the increased reservations and addressing the legal and political hurdles posed by the court’s decision. His ability to maneuver through these challenges will be crucial for his leadership and the state’s stability.