Karnataka Assembly passes SC/ST quota Bill

The Karnataka Assembly on Monday ‘unanimously’ passed a Bill providing a six percentage points increase in reservation for SC/STs with an assurance by the ruling BJP that it would talk to the Union government on giving this legal protection.

Under 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, quota for SCs will go up from 15 per cent to 17 per cent and for STs from 3 per cent to 7 per cent.

The Bill seeks to replace an ordinance that was promulgated in October.

Law Minister J C Madhuswamy said the government took “much risk” in promulgating the ordinance knowing that it would exceed the 50 per cent reservation limit. “We also knew that we had enough justification in doing so,” he said, adding that the government was under pressure to implement reports of the AJ Sadashiva, Nagamohan Das and Subhash Adi commissions.

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“Also, Nayaka (ST) students went to the High Court saying they didn’t have proportional representation. The court asked the government to take it in the right spirit. So, we thought even the court was with us on this,” Madhuswamy said.

Leader of the Opposition Siddaramaiah demanded that this should be brought under the 9th Schedule so that it will be immune from judicial scrutiny. “The Veerappa Moily government had increased SC, ST and OBC reservation to 73 per cent, which was struck down. That’s why we’re worried. Without first amending the Constitution, it won’t be valid. This shouldn’t be an election eyewash,” he said.

Madhuswamy specified that the 9th Schedule would not guarantee full legal protection. He cited the example of Tamil Nadu's decision to provide 69 per cent quota. "It's under the 9th Schedule, but under litigation," he said.

Congress members said the union government had stated in written replies to the Parliament recently that there was no proposal to alter the existing reservation (50 per cent). "Those questions in Parliament were not specific to SC/ST. The Supreme Court has not said that the 50 per cent cap can't be exceeded," ST Welfare Minister B Sriramulu said.

Siddaramaiah urged the BJP to take an all-party delegation to Prime Minister Narendra Modi on Karnataka's reservation.

Pvt sector quota

JD(S) MLA KM Shivalinge Gowda and Siddaramaiah asked the BJP to implement SC/ST reservation in the private sector. "Government jobs are only 2 per cent. Rest are in the private sector. So, private sector reservation should be urged," Siddaramaiah said. Madhuswamy said it would be considered while framing rules under the law.