After the Karnataka High Court struck down provisions of a 2022 state law that increased reservation quota for SC and ST communities, Deputy Chief Minister G Parameshwara on Tuesday said the state cabinet would decide on the next course of action. He added that the possibility of approaching the Supreme Court would also be discussed.
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, increased reservation for SCs from 15 to 17 per cent and from three to seven per cent for STs.
With these changes and 32 per cent reservation already in place for the Other Backward Classes (OBCs), the overall quota cap rose from 50 per cent to 56 per cent.
Speaking with the media, Parameshwara said, “When Basavaraj Bommai was the Chief Minister, reservation was increased to 56%, with 17% for Scheduled Castes (SCs) and 7% for Scheduled Tribes (STs). When our government came to power, we continued implementing this arrangement.”
“Some people approached the court against it. The Constitution says that reservation should be provided in proportion to the population. The Cabinet will decide on the next course of action. The possibility of approaching the Supreme Court will be discussed,” he added.
Emphasising the need to provide opportunities to disadvantaged sections, the Deputy Chief Minister said people denied opportunities should be able to progress in society. He added that reservations could be increased under extraordinary circumstances and that the government had raised the quota by six percentage points.
“The court should consider these aspects while passing its order. There is scope for increasing reservation under special circumstances. The Cabinet will decide on filing an appeal,” he added.
Responding to allegations by the BJP on the matter, Parameshwara said the government could not influence judicial decisions.
“Whatever allegations the BJP makes in this regard, we cannot hold a judge’s hand and make them write an order. We cannot tell the judges what they should do,” he said.
He added that the government would also examine the issue of internal reservation, which was provided on the same basis.
Earlier, Former Chief Minister and senior Congress leader Siddaramaiah termed the Karnataka High Court’s judgment striking down the law to enhance reservation for SC/ST communities a “serious setback” to the aspirations of historically marginalised communities.
In a press statement issued on Monday, Siddaramaiah questioned the BJP government’s handling of the issue, alleging that the increased reservation quotas–from 15 per cent to 17 per cent for SCs and from 3 per cent to 7 per cent for STs–were implemented ahead of the 2023 Assembly elections despite the administration being aware that the total reservation would exceed the 50 per cent ceiling.
“We respect the judiciary. However, the judgment raises fundamental questions about the BJP’s handling of social justice. The BJP government increased SC reservation from 15% to 17% and ST reservation from 3% to 7% ahead of the 2023 Assembly elections, despite knowing that total reservation would exceed the 50% ceiling,” Siddaramaiah said.
“Why did the BJP announce enhanced reservation without first ensuring its constitutional sustainability? Was electoral advantage prioritised over lasting social justice?” he asked.
The former CM asserted that the demand for increased reservation was the result of “decades of struggle” by marginalised communities, noting that the foundation for the move was laid by the Justice Nagamohan Das Committee, which was constituted during the Congress-JD(S) coalition government in 2018.
Siddaramaiah further targeted the BJP-led Union Government for deferring Karnataka’s request to include the increased reservation quotas in the Ninth Schedule of the Constitution.
“The Union Government must now explain what constitutional solution it proposes,” he stated.
