The Karnataka High Court on Monday struck down provisions of a 2022 state law that increased reservation for Scheduled Castes (SCs) from 15 to 17 per cent and for Scheduled Tribes (STs) from 3 to 7 per cent, holding that the enhanced quota breached the 50 per cent ceiling.
The court also struck down Section 4 of the Act, which provided for enhanced reservation for SCs and STs in state government services, as “unconstitutional” because it violates Articles 14 and 16 of the Constitution.
The legislation followed recommendations and reports concerning the representation of SCs and STs, including those associated with the Justice (Retd) Nagamohan Das Commission and the committee headed by former high court judge Justice Subhash B Adi. The 50 per cent ceiling was laid down by the Supreme Court in the 1992 case of Indra Sawhney vs Union of India (1992) and subsequently upheld in numerous decisions.
“Section 3 of the Act, insofar as it takes the aggregate reservation beyond the ceiling of 50 percent, is struck down as it violates Articles 14 and 15 of the Constitution,” the court held. The court also struck down Section 4 of the Act, which provided for enhanced reservation for SCs and STs in state government services, as “unconstitutional” because it violates Articles 14 and 16 of the Constitution. Meanwhile, Deputy Chief Minister G Parameshwara said, the high court’s judgment striking down the enhancement of reservation for Scheduled Castes and Scheduled Tribes is a serious development with far-reaching implications for social justice, educational opportunities and public employment in Karnataka.
