Bengaluru, 13 Oct 

Deputy Chief Minister G Parameshwara on Tuesday said the State Cabinet would discuss the High Court verdict striking down the enhancement of reservation for SCs, STs and decide on the further course of action, including the possibility of approaching the Supreme Court.

He said the government would examine all legally permissible options in consultation with the Advocate General and the Law Department before taking a decision.

The Karnataka High Court on Monday struck down provisions of a 2022 State law, passed under the BJP government under Basavaraj Bommai, 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.

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.

Parameshwara said that the Congress followed this model, and underscored that Dr BR Ambedkar was clear that reservation was not just for “administrative orders” but for “social justice”.

Parameshwara argued that provisions have been made to allow Tamil Nadu to increase reservation to 69 per cent through a constitutional amendment, and a similar case could be made for Karnataka considering its social background.

He added that the Cabinet will plan the next course of action, including whether it had the legal grounds to move the Supreme Court.

He also asked what would happen to ongoing recruitments, including those that had already taken place.  

Siddaramaiah targets BJP over HC ruling

Former chief minister Siddaramaiah blamed the BJP for hurting the “aspirations of historically marginalised communities”.

In a statement on Tuesday, he said that the BJP government had increased the reservation ahead of the 2023 elections “despite knowing it exceeded the 50 per cent ceiling”.

“Why did the BJP announce enhanced reservation without first ensuring its constitutional sustainability? Was electoral advantage prioritised over lasting social justice?” he asked.

He said that his commitment to AHINDA, minorities, backward classes and Dalits, has always rested on one fundamental conviction, which is, political democracy remains incomplete without social and economic equality.

But the Centre had denied requests from the Karnataka to place the reservation law under the Ninth Schedule of the Constitution, which would have prevented it from being challenged in courts, he added. 

“Reservation is not charity. It is a Constitutional instrument for correcting historical injustice and securing representation,” Siddaramaiah added. “Our objective is not merely to promise representation, but to secure it for future generations.”