The Karnataka government is urging the Prime Minister to include the state’s enhanced Scheduled Caste (SC) and Scheduled Tribe (ST) reservation law within the Ninth Schedule of the Constitution, seeking constitutional protection following a High Court judgment that struck down the increased quotas. Deputy Chief Minister G. Parameshwara has written to Prime Minister Narendra Modi, Union Home Minister Amit Shah, and Union Minister for Social Justice and Empowerment Virendra Kumar, appealing for their intervention.
Information was available with The Chenab Times indicating that the Karnataka High Court had previously quashed 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. This Act had raised the reservation for SCs from 15% to 17% and for STs from 3% to 7%, taking the total reservation to 56%. The High Court ruled that this aggregate exceeded the 50% ceiling established by the Supreme Court in the Indra Sawhney case of 1992. The state government has since filed a Special Leave Petition challenging this verdict in the Supreme Court.
Precedent of Tamil Nadu Cited
In his letters dated November 12, Deputy Chief Minister Parameshwara drew a parallel with Tamil Nadu’s 69% reservation framework, which enjoys protection under the Ninth Schedule. He argued that Karnataka’s request for similar constitutional consideration for its 56% reservation, based on the recommendations of a judicial commission, deserves equal attention. The appeal highlights that reservation percentages for SCs and STs in Karnataka had remained unchanged for nearly seven decades since 1958, despite population increases and persistent social and educational disadvantages. The 2011 Census indicated SCs and STs constituted approximately 17.15% and 6.95% of Karnataka’s population, respectively.
The enhanced reservation quotas were recommended by a commission headed by retired Karnataka High Court judge H.N. Nagamohan Das. The Karnataka Legislature subsequently enacted the law, which received the Governor’s assent on January 11, 2023, and came into effect retrospectively from November 1, 2022. The state had submitted its proposal to the Union Government for inclusion in the Ninth Schedule on March 23, 2023, and the Legislative Assembly passed a resolution on December 18, 2025, urging the Centre for constitutional protection. The Union Government had previously acknowledged the proposal but stated that inclusion in the Ninth Schedule was not considered appropriate at that stage due to the matter being sub-judice before the High Court.
Call for Constitutional Amendment
The government’s appeal emphasizes the need for an enduring solution through legislative and constitutional processes. Parameshwara urged the Union Government to initiate the necessary constitutional amendment and ensure a time-bound decision to safeguard the rights and opportunities of the SC/ST communities in Karnataka. The letters underscore the principles of social justice and cooperative federalism, advocating that these must command equal respect across all states. The Deputy Chief Minister also called for a broader national consultation on the application and relevance of the 50% reservation ceiling, considering evolving social realities and constitutional principles of equality and affirmative action.
Separately, former Congress Lok Sabha MP V.S. Ugrappa also wrote to Prime Minister Modi, urging the inclusion of the legislation in the Ninth Schedule and suggesting amendments to Articles 15 and 16 of the Constitution to allow for reservations exceeding the 50% limit. Ugrappa noted that the legislation, which also included 32% reservation for Other Backward Classes (OBCs) making the total 56%, was in force until October 12, 2026, when the High Court quashed it. He described the High Court’s decision as a significant setback to social justice.
The Chenab Times News Desk
