Bengaluru, Oct 12 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.
A bench comprising Chief Justice Vibhu Bakhru and Justice K S Hemalekha held that Section 3 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, violated Articles 14 and 15 of the Constitution by taking quota above 50 per cent.
“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.
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.
The verdict resulted from two petitions challenging the legislation’s constitutional validity for it increased the overall reservation for SCs, STs and Other Backward Classes (OBCs) from 50 to 56 per cent.
One of the petitions was filed by Mahendra Kumar Mitra, the state president of the Dr Ambedkar Scheduled Castes Federation. The other was filed by Sagar H R, Prajwal Kumar D, and Purushotham Gowda G M, both civil engineering graduates, who had applied for appointment as Assistant Engineer (Civil) in the Bruhat Bengaluru Mahanagara Palike (BBMP).
The Act passed during the BJP government under chief minister Basavaraj Bommai received the governor’s assent on January 11, 2023, and was published in the Karnataka Gazette on January 12, 2023.
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.
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.
“We respect the judiciary and the constitutional framework within which it operates. At the same time, this judgment raises fundamental questions about the political responsibility of the previous BJP government and the continued inaction of the BJP-led Union government,” he said.
Parameshwara called upon the prime minister and the Centre to initiate a comprehensive review of the 50 per cent reservation ceiling, pursue appropriate constitutional and legislative measures, and examine Karnataka’s request for Ninth Schedule inclusion without delay.
“Our demand is not for reservation as a symbolic announcement. Our demand is for reservation that is legally sustainable, socially meaningful and effectively implemented,” he said.
The Karnataka government will examine all available legal remedies, including an appeal before the Supreme Court, while ensuring that ongoing recruitment and educational opportunities are protected in accordance with the law, he added.
(PTI News)
