Supreme Court’s 50% quota cap raises questions over Karnataka’s 56% reservation

In Karnataka, the 50% ceiling was breached by the previous BJP government, which hiked reservation for SC from 15 to 17% and the ST Reservation from 3 to 7%, taking the overall quota share to 56%.

Bengaluru: With the Supreme Court insisting on a 50% quota cap while dealing with Telangana’s decision to hike OBC reservation, concerns have emerged over the current matrix in Karnataka, which stands at 56%, six percentage points above the top court’s ceiling.

On October 16, the Supreme Court dismissed a plea by the Telangana government challenging a stay by the Telangana High Court on its decision to increase the OBC reservation quota in the state to 42%, which will result in breaching the 50% reservation cap.

The 50% reservation cap imposed by the Supreme Court in the Indra Sawhney judgment does not apply to states like Tamil Nadu (69% reservation) and Jharkhand (77% reservation), which got the changes added to the Ninth Schedule of the Constitution. However, Karnataka’s reservation matrix does not have this constitutional safeguard yet.

In Karnataka, the 50% ceiling was breached by the previous BJP government, which hiked reservation for Scheduled Castes from 15 to 17% and the Scheduled Tribes Reservation from 3 to 7%, taking the overall quota share to 56%. 

This hike ran into a roadblock earlier this year, when the Karnataka Administrative Tribunal (KAT) struck down the appointment of 384 gazetted probationers following a 2024 recruitment notification by the Karnataka Public Service Commission (KPSC) based on the 56% quota matrix. The government has challenged this decision in the high court, where the next hearing is due on November 4.

BJP leader N Mahesh told DH: “If they have real concern, they must add this change to the 9th Schedule of the Constitution. Or else, this won’t stand in line with the existing court judgments. States should recommend to the Centre.”

“Or else, this won’t stand in line with the existing court judgments. States should recommend to the Centre,” he added. Mahesh said this issue should not be politicised, adding that parties must arrive at a unanimous decision.

The developments have also brought back the demand over whether the sanctity of the 50% cap remains, since the 10% reservation for Economically Weaker Sections (EWS) has been considered over and above the 50% cap and okayed by the Supreme Court.

Internal quota

In another development on October 16, the high court restrained the state government from making final appointments based on its decision of internal reservation for Scheduled Castes (SCs), even as it clarified that the recruitment process could go on. 

The high court’s interim order came after the Confederation of Untouchable Nomadic Communities of Karnataka moved the court against the state government’s 6:6:5 formula for internal reservation, which it termed a “serious injustice” to the ‘most backward’ nomadic communities, which had been clubbed with the ‘less backward’ Lambani, Bhovi, Korma and Korcha communities.

The next hearing has been scheduled for November 13.

Since the current government has implemented internal reservation based on the 17% quota matrix itself, any judicial decision against the breach will affect the internal reservation matrix too.

Social Welfare Department Commissioner Rakesh Kumar said: “We feel the high court will favour the government, both in enhancing the reservation quota and implementing internal reservation. Both were not random decisions, and were taken only after sufficient application of mind and a scientific investigation.”