Full Breakdown
Karnataka High Court Nullifies SC/ST Reservation Increase, Citing 50 % Constitutional Ceiling
By Drooid · · How we work
Core Event: Court Strikes Down 2022 Reservation Law
A division bench of the Karnataka High Court—Chief Justice Vibhu Bakhru and Justice K.S. Hemalekha—declared Sections 3 and 4 of 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 unconstitutional. The Act’s increase of SC reservation from 15 % to 17 % and ST from 3 % to 7 % raised the total quota for SC, ST and OBC from 50 % to 56 %, breaching the Supreme Court-set ceiling.
Background & Context: Reservation Ceiling and the 2022 Karnataka Act
The Supreme Court’s 1992 Indra Sawhney judgment imposed a 50 % ceiling on reservations under Articles 15(4) and 16(4). The Karnataka Act, passed under the BJP-led government of former Chief Minister Basavaraj Bommai, relied on the H.N. Nagamohan Das Commission report. It received the governor’s assent on 11 January 2023 and was retroactively effective from 1 November 2022.
Key Figures & Groups
- Chief Justice Vibhu Bakhru – co-author of the judgment.
- Justice K.S. Hemalekha – co-author of the judgment.
- Mahendra Kumar Mitra – petitioner, state president of the Dr Ambedkar Scheduled Castes Federation.
- Sagar H.R., Prajwal Kumar D., Purushotham Gowda G.M. – petitioners challenging BBMP recruitment.
- Basavaraj Bommai – former Chief Minister.
- G Parameshwara – Deputy Chief Minister, responding to the judgment.
- Siddaramaiah – former Chief Minister, criticising the policy.
Data & Statistics
- Original composition: OBC 32 %, SC 15 %, ST 3 % -> total 50 %.
- Revised composition under the 2022 Act: SC 17 %, ST 7 %, OBC 32 % -> total 56 %.
Official Statements & Responses
The High Court stressed that the 50 % limit is a binding constitutional principle and noted the state’s failure to consult the National Commissions for SCs and STs, as required by Articles 338(9) and 338A(9). Deputy Chief Minister G Parameshwara called the judgment a “serious development” and said the government will explore legal remedies, including an appeal to the Supreme Court, while protecting ongoing recruitment and education processes.
The state’s legal team signalled an appeal, arguing demographic changes justify revisiting the ceiling and that the request to place the reservation provisions in the Ninth Schedule remains pending.
Criticism & Opposition
Former Chief Minister Siddaramaiah questioned whether electoral considerations outweighed constitutional sustainability, suggesting the timing of the quota increase ahead of the 2023 Assembly elections reflected political advantage over lasting social justice.
Conflicting Reports & Gaps
All consulted sources consistently report the court’s reasoning, the percentages involved, and the procedural background; no substantive discrepancies were identified.
What’s Next: Potential Appeal and Policy Review
The Karnataka government plans to seek a Supreme Court review. Deputy Chief Minister Parameshwara has urged the Union government to reconsider the 50 % ceiling and to examine Karnataka’s proposal to place the reservation provisions in the Ninth Schedule, indicating possible legislative action following the judicial outcome.