Karnataka HC notice to state on 2023 Act enhancing reservation to SC/ST

The new legislation seeks to enhance SC reservation to 17 per cent and ST reservation to 7 per cent

The High Court of Karnataka on Thursday ordered notice to the state government on a PIL challenging the constitutional validity of Karnataka Scheduled Castes and Scheduled Tribes (Reservation of seats in Educational Institutions and of appointments or posts in the service under state) Act, 2023.

A division bench headed by Chief Justice Prasanna B Varale ordered notice in response to the petition filed by Mahesh, a native of Dugnoor in Kalaburagi who is studying law in Bengaluru.

The new legislation seeks to enhance the reservation provided to Scheduled Castes to 17 per cent from the existing 15 per cent and also increases reservation provided to Scheduled Tribes from 3 per cent to 7 per cent.

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The petitioner stated that new legislation violates Articles 14, 15 and 16 of the Constitution of India and also breaches the 50 per cent ceiling imposed by the apex court on reservation.

According to the petitioner, with reservation to Other Backward Castes (OBCs) at 32 per cent, the total reservation would increase to 56 per cent, violating the 50 per cent ceiling imposed by the apex court.

The Supreme Court in Indra Sawhney Vs Union of India case in 1992 had categorically held that reservation under Article 16 (4) shall not exceed 50 per cent, the petition said adding that in the subsequent judgments, the top court has reaffirmed the proposition of 50 per cent ceiling on reservation.

According to the petitioner, a similar legislation which sought to increase reservation to 58 per cent in Chhattisgarh was struck down by the high court in September 2022. The petition stated that the new legislation, which breaches the ceiling limit of 50 per cent reservation and provides 56 per cent reservation in educational institutions and in posts and appointments in services under the state, will prejudicially affect his rights as well as other similarly situated persons under Article 14.

The petitioner stated that with a large number of posts, earmarked for SCs, STs and OBCs, lying vacant across the country, increasing the reserved seats has no rational explanation whatsoever.