Hereditary Appointments In Public Service: Bihar's Chaukidari Rule Declared Unconstitutional

In a recent judgment in the matter of Bihar Rajya Dafadar Chaukidar Panchayat (Magadh Division) vs. State of Bihar & Others¹, the Supreme Court of India has upheld the Patna High Court's decision to strike down the Bihar Chaukidari Cadre (Amendment) Rules, 2014, which allowed a retiring chowkidar to nominate dependent kin for appointment in their place. The Supreme Court's ruling reaffirms the constitutional mandate of equal opportunity in public employment and upheld that public employment is not a heritable right. The judiciary has not only upheld the principles of equal opportunity in the matters of employment but had also reaffirmed its stance on the power of writ courts to suo motu strike down subordinate legislation that violates fundamental rights and binding precedents.