Published Oct 13, 2026 | 5:00 PM ⚊ Updated Oct 13, 2026 | 5:00 PM
Karnataka High Court. (Creative Commons)
Synopsis: The Karnataka High Court struck down provisions of the 2022 law that raised the state’s overall quota to 56% by enhancing SC/ST reservation. The Karnataka government has confirmed that it will file a Special Leave Petition (SLP) challenging the judgment. Deputy Chief Minister G Parameshwara and former Chief Minister Siddaramaiah criticised the previous BJP government for failing to secure constitutional safeguards for the enhanced quota.
The Karnataka High Court on Monday, 12 October, struck down provisions 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, that increased the state’s overall reservation from 50% to 56%.
A Division Bench of Chief Justice Vibhu Bakhru and Justice KS Hemalekha struck down Section 3 of the Act that permitted reservation beyond the 50% ceiling, holding that it violated Articles 14 and 15 of the Constitution.
The court also struck down Section 4, concerning reservation in state government appointments and posts, as unconstitutional for violating Articles 14 and 16.
The legislation increased reservation for Scheduled Castes from 15% to 17% and for Scheduled Tribes from 3% to 7%, while retaining the 32% reservation for Other Backward Classes, bringing the aggregate to 56%.
The court rejected the state’s argument that the enhanced reservation was justified by the population share of backward classes, holding that inadequate representation relative to population did not, by itself, justify exceeding the 50% ceiling.
The Bench also held that consultation with the National Commissions for SCs and STs was mandatory before taking major policy decisions affecting these communities, and that letters sent after the legislation was enacted did not satisfy this requirement.
Speaking to South First, Karnataka Advocate General K Shashi Kiran Shetty said the state government is filing a Special Leave Petition (SLP) before the Supreme Court to challenge the Karnataka High Court’s judgment.
Also Read: Karnataka caste census recommends 51% reservation for OBCs
The increase in SC/ST reservation followed longstanding demands from marginalised communities for greater representation in education and public employment.
A commission headed by retired High Court judge Justice HN Nagamohan Das, constituted in July 2019 during the Congress–JD(S) government’s tenure, recommended increasing reservation for Scheduled Castes from 15% to 17% and Scheduled Tribes from 3% to 7%.
The Basavaraj Bommai BJP government accepted the recommendations in October 2022. The enhanced reservation came into effect on 1 November 2022, under an ordinance issued by the Governor. The Governor assented to the subsequent legislation in January 2023, ahead of the Assembly elections.
The Congress government subsequently defended the legislation in court. However, the High Court held on Monday that the state had failed to establish extraordinary circumstances warranting reservation beyond the 50% ceiling.
Also Read: SC sub-groups at odds over Nagamohan Das panel report on internal quota
Responding to the judgment, Deputy Chief Minister G Parameshwara questioned the previous BJP government’s decision to increase SC/ST reservation ahead of the 2023 Assembly elections without securing constitutional protection.
“Was the BJP more interested in announcing enhanced reservation before the elections than in ensuring that the benefits would withstand constitutional scrutiny?” he asked in a statement on X.
He also criticised the Union government for deferring Karnataka’s proposal for Ninth Schedule inclusion, citing its 25 July 2026 response in Parliament that the matter was pending before the High Court.
“Our demand is not for reservation as a symbolic announcement. Our demand is for reservation that is legally sustainable, socially meaningful and effectively implemented,” he said.
Speaking to reporters on Tuesday, 13 October, Parameshwara said the Karnataka Cabinet would have to consider whether to appeal the High Court’s judgment that struck down the enhanced SC/ST reservation.
“There is an option to file an appeal. We will have to see how the Cabinet considers the matter and what decision it takes,” he said.
On allegations that the government could have prevented the judgment, Parameshwara said, “They are honourable judges who have given their decision. We can challenge it at another level, but we cannot influence them.”
He also raised concerns about the implications for appointments already made under the enhanced 56% reservation.
“Some appointments have already been made under the 56% reservation. What happens to them now? Will this order apply retrospectively or prospectively? All these aspects need to be discussed within the legal framework,” he said.
Former Chief Minister Siddaramaiah criticised the previous BJP government in a media statement for increasing SC/ST reservation without securing adequate constitutional protection.
He said the BJP government increased the quotas ahead of the 2023 Assembly elections despite knowing the Supreme Court’s 50% reservation ceiling set in the Indra Sawhney case.
He questioned whether the BJP had prioritised electoral gains over social justice. He alleged that the BJP-led Centre had rejected Karnataka’s request to include the enhanced reservation in the Ninth Schedule, citing the pending court case.
“Reservation is not charity. It is a constitutional instrument intended to correct historical injustices and ensure adequate representation for oppressed communities,” he said.
Siddaramaiah urged the Centre to provide constitutional protection for enhanced reservation and called on the Karnataka government to take appropriate legal measures to retain the increased quota and safeguard affected students and job aspirants.
(Edited by Majnu Babu).
