Karnataka Chief Minister D.K. Shivakumar and Deputy Chief Minister G. Parameshwara have written to Prime Minister Narendra Modi, urging the Union government to include the state’s enhanced reservation law for Scheduled Castes (SC) and Scheduled Tribes (ST) in the Ninth Schedule of the Constitution. The officials are seeking this constitutional protection to shield the state's quota legislation from ongoing legal challenges.
The state enacted the legislation in 2022, which increased reservation for SCs from 15% to 17% and for STs from 3% to 7%. These changes took the total reservation in educational institutions and public employment in Karnataka to 56%. The legislation received the Governor’s assent in January 2023 and became effective retrospectively from November 1, 2022.
This request follows a judgment by the Karnataka High Court on October 12, 2026, which struck down the enhanced provisions. The court held that the 56% total quota exceeded the 50% ceiling and also questioned whether the state had met the requirement of consulting the National Commissions for Scheduled Castes and Scheduled Tribes under Articles 338(9) and 338A(9) of the Constitution.
In their separate communications, both Mr. Shivakumar and Mr. Parameshwara cited the precedent of Tamil Nadu’s 69% reservation framework, which was included in the Ninth Schedule via the 76th Constitutional Amendment in 1994. Mr. Shivakumar argued that if Parliament could act to protect the Tamil Nadu framework, Karnataka's request for its 56% quota, which was based on the recommendations of a commission headed by retired High Court judge H.N. Nagamohan Das, deserved similar constitutional attention.
While the state government has initiated appellate proceedings in the Supreme Court to challenge the High Court's ruling, the leaders emphasized that a long-term constitutional solution is necessary. G. Parameshwara also addressed letters to Union Home Minister Amit Shah and Union Minister for Social Justice and Empowerment Virendra Kumar, calling for a time-bound decision on the state's proposal, which was initially submitted to the Centre on March 23, 2023.
Key facts
- The enhanced reservation policy increases the total quota in Karnataka to 56%.
- The Karnataka High Court struck down the legislation on October 12, 2026.
- The state assembly passed a resolution seeking Ninth Schedule protection on December 18, 2025.
- The policy was based on recommendations from a commission led by Justice H.N. Nagamohan Das.
- According to the 2011 Census, SCs comprise approximately 17.15% and STs comprise 6.95% of Karnataka's population.
Why it matters
The inclusion of the law in the Ninth Schedule would provide it with immunity from judicial review regarding constitutional violations, effectively allowing the 56% reservation to remain in force despite the 50% ceiling usually imposed by the judiciary.
Background
The state's reservation percentages for SC and ST communities had remained unchanged since 1958, prior to the introduction of the 2022 legislation.
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