Bengaluru, Nov 11 The Karnataka government has filed a Special Leave Petition (SLP) in the Supreme Court challenging the High Court verdict that struck down the state’s decision to increase reservation for Scheduled Castes (SCs) from 15 to 17 per cent and for Scheduled Tribes (STs) from 3 to 7 per cent.
According to an official release by the chief minister’s office on Wednesday, as per the Government Order dated October 27, approval was granted on October 28 to file an appeal before the Supreme Court.
Highlighting several steps taken by the Congress government to protect the reservation rights of SCs and STs, it accused the previous BJP government of failing to provide constitutional protection to the enhanced quota.
The government said the Karnataka Legislative Assembly had passed a resolution on December 18, 2025, seeking inclusion of the enhanced reservation in the Ninth Schedule of the Constitution to protect it from legal challenges.
In February 2026, approval was granted to fill 56,432 vacancies, while an additional six per cent of posts meant for SC and ST candidates were kept in a backlog category pending the court’s verdict, ensuring that the additional reservation share would not be lost, the release said.
The government also said it had implemented internal reservation within the Scheduled Castes to ensure that the benefits of reservation reached the most disadvantaged communities.
The state Cabinet decided to challenge the High Court verdict at its meeting on October 15, 2026, and the appeal was filed within 16 days of the judgment, it added.
The government said it would continue to press the Centre for constitutional protection through the Ninth Schedule, which it described as the only permanent safeguard against future legal challenges.
“The government will pursue the legal battle in the Supreme Court while simultaneously taking up the matter with the Union government for the necessary constitutional amendment to ensure that the rights of Scheduled Castes, Scheduled Tribes and backward communities in Karnataka remain protected,” the release said.
The state government alleged that the previous BJP government had failed to take the necessary constitutional steps to safeguard the enhanced reservation.
The Justice H N Nagamohan Das Commission had recommended an increase in reservation in July 2020 and suggested that the enhanced quota be included in the Ninth Schedule of the Constitution to protect it from legal challenges, the release said.
On October 7, 2022, the then Law Minister J C Madhuswamy in the BJP government had publicly stated that the enhanced reservation would be included in the Ninth Schedule, which protects it from judicial scrutiny in certain circumstances.
Instead of pursuing the constitutional route, the BJP government promulgated an ordinance and subsequently passed legislation ahead of the 2023 Assembly elections, it alleged.
The release further stated that on March 21, 2023, the then BJP MP from Chitradurga and Union Minister of State for Social Justice and Empowerment A Narayanaswamy had informed Parliament that no proposal from Karnataka had reached the Centre on the issue.
Two days later, with barely seven weeks remaining for the Assembly elections, the state government wrote to the Centre on the matter, it said.
The High Court, in its verdict, had held that consultation with the National Commissions for Scheduled Castes and Scheduled Tribes was mandatory and that letters sent after the enactment of the law did not fulfil this requirement.
The Congress government alleged that despite the BJP-led governments being in power both at the Centre and in the state at the time, the necessary constitutional amendment was not pursued.
The Karnataka Assembly passed a resolution on December 18, 2025, urging the Centre to include the enhanced 56 per cent reservation in the Ninth Schedule of the Constitution, the release said.
On July 25, 2026, the Centre informed Parliament that the request would be deferred as the matter was pending before the High Court.
The government pointed out that despite Karnataka having five Union ministers and 19 BJP and JD(S) MPs in the Lok Sabha, the proposed constitutional amendment had not been introduced.
The failure to secure constitutional protection in 2023 and the subsequent inaction by the Centre had compelled the state government to approach the Supreme Court, the release added.
(PTI News)
