Karnataka HC rules against SC/ST quota hike, cites 50% reservation cap
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The Karnataka High Court ruled against the state’s enhanced reservations for Scheduled Castes (SC) and Scheduled Tribes (ST), citing the 50 per cent ceiling on quotas in education and government jobs.
A bench comprising Chief Justice Vibhu Bakhru and Justice K S Hemalekha held that the provisions of the Karnataka Scheduled Castes and Scheduled Tribes (Reservation of Seats in Educational Institutions and of Appointments or Posts in the Services under the State) Act, 2022, were unconstitutional to the extent that they pushed total reservations beyond the permissible limit.
Why did the Karnataka HC strike down the SC/ST quota hike?
The law, enacted under the previous Bharatiya Janata Party (BJP) government led by Basavaraj Bommai, increased reservations for SCs to 17 per cent from 15 per cent and for STs to 7 per cent from 3 per cent. With the 32 per cent quota for Other Backward Classes (OBCs) retained, the overall reservation in Karnataka rose from 50 per cent to 56 per cent.
The court held that the increase violated Articles 14 and 15 of the Constitution, which guarantee equality before the law and prohibit discrimination. It also struck down the provision governing enhanced reservations in state government services, citing Article 16, which provides for equality of opportunity in public employment.
The 50 per cent ceiling was established by the Supreme Court in its 1992 Indra Sawhney vs Union of India judgment and has been upheld in subsequent rulings.
The legislation was challenged through petitions questioning its constitutional validity. The state relied on reports and recommendations concerning the representation of SCs and STs to justify the increase.
However, the High Court ruled that concerns about inadequate representation could not, by themselves, justify exceeding the established reservation ceiling. The decision reinforces the constitutional limits governing affirmative action policies.
Karnataka government to explore Supreme Court appeal
The state government indicated it will examine legal options, including an appeal before the Supreme Court.
According to The Indian Express, Deputy Chief Minister G Parameshwara also urged the Centre to review the 50 per cent reservation ceiling and reconsider Karnataka’s request to include the enhanced quota provisions in the Constitution’s Ninth Schedule.
Parameshwara criticised the previous government for enacting the law without first securing the proposed constitutional protection. The Centre had deferred Karnataka’s request for Ninth Schedule inclusion while the matter was pending before the High Court.
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