Denied justice, Karnataka to challenge HC verdict on SC/ST quota hike: Shivakumar

Karnataka Chief Minister DK Shivakumar on Thursday said the state government will challenge the Karnataka High Court verdict striking down the enhanced reservation for Scheduled Castes (SCs) and Scheduled Tribes (STs) in the Supreme Court, asserting that the state had not received justice through the judgment.

Speaking after a meeting with SC/ST ministers, legislators and chairpersons in Bengaluru, Shivakumar said the Cabinet had decided to pursue legal remedies against the verdict and strengthen the state's case. He said he had discussed the matter with ministers, including G Parameshwara, and that the government would take the necessary steps to challenge the court's decision.

"We have not received justice through that verdict. We have decided in the Cabinet to challenge the verdict. We have to strengthen our case and fight for justice. We have therefore decided to approach the Supreme Court," Shivakumar said.

The Chief Minister also appealed to Prime Minister Narendra Modi to include the legislation providing enhanced SC/ST reservation in the Ninth Schedule of the Constitution.

"I will reiterate our demand and repeatedly meet the Prime Minister to press for the inclusion of this legislation in the Ninth Schedule. I will also write to the Prime Minister, requesting that justice be delivered to this community," he said.

Shivakumar argued that Karnataka was seeking only a six-percentage-point increase in reservation based on the population of the communities concerned. Pointing out that several states had reservation exceeding the 50 per cent ceiling, he cited Tamil Nadu as an example, saying it had already implemented a similar measure.

The government's decision follows the recent Karnataka High Court verdict striking down provisions of a 2022 state law that increased reservation for SCs from 15 per cent to 17 per cent and for STs from 3 per cent to 7 per cent.

A division bench of Chief Justice Vibhu Bakhru and Justice KS Hemalekha held that Section 3 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, was unconstitutional to the extent that it took the aggregate reservation beyond the 50 per cent ceiling.

The court ruled that the provision violated Articles 14 and 15 of the Constitution, which guarantee equality. The enhanced quotas had taken the overall reservation for SCs, STs and Other Backward Classes (OBCs) from 50 per cent to 56 per cent.

The judgment came in response to two petitions challenging the constitutional validity of the legislation enacted by the then BJP government led by Basavaraj Bommai.

The state government had argued that more than 90 per cent of Karnataka's population belonged to SC, ST and OBC communities and that reservation should reflect their share of the population. It had also cited inadequate representation of SCs and STs and changes in their population as grounds for the enhanced quotas.

However, the High Court rejected the argument, observing that accepting population share as a basis for breaching the 50 per cent ceiling would undermine the constitutional principle of equality. It also held that evidence of inadequate representation did not, by itself, establish extraordinary circumstances justifying a departure from the ceiling.GOVERNMENT PLANS FRESH SCHEMES, SOCIAL AUDIT

Apart from the legal challenge, Shivakumar said the government would formulate measures in the next Budget to safeguard the interests of SC/ST communities and fulfil the promises made in the Congress election manifesto.

He said a sub-committee headed by minister Parameshwara had been constituted to examine the issues concerning the communities and recommend new welfare schemes.

SC/ST ministers will meet within the next two days and submit a report outlining their recommendations. The proposals will subsequently be discussed with officials from the Finance Department, he said.

The government will also conduct a social audit to assess the funds allocated to SC/ST welfare over the years and how they were utilised.

"An allocation of Rs 44,631 crore has been made across 34 departments. We need to audit how much money has been allocated over the years and how it has been utilised," Shivakumar said.

On backlog vacancies, he said 17,793 of the 19,115 vacant posts had been filled, while the remaining 1,574 vacancies would also be filled.

The Chief Minister further announced plans to organise unity conventions of SC/ST communities at four locations to explain the government's initiatives and measures taken for their welfare.

He also said the government was considering changes to uniforms provided to students in schools and hostels, with an emphasis on better colours and quality.

Shivakumar added that he would convene meetings with MLAs belonging to the Backward Classes, Vokkaliga and Lingayat communities before the upcoming Assembly session.- Ends