Brief
Karnataka High Court annuls 56% reservation law, citing 50% constitutional cap
The court ruled Sections 3 and 4 of the 2022 reservation act unconstitutional, overturning the increase of SC quota to 17% and ST quota to 7%.
By Felo News Desk · Published
The Karnataka High Court on Monday, Oct. 12, struck down two sections of the 2022 Karnataka Scheduled Castes and Scheduled Tribes (Reservation of Seats in Educational Institutions and of Appointments or Posts in the Services under the State) Act, ruling that the law’s increase of reservations to 56% violated the constitutionally mandated 50% ceiling.
A Division Bench comprising Chief Justice Vibhu Bakhru and Justice K.S. Hemalekha held that Sections 3 and 4 of the Act were unconstitutional because they pushed the overall reservation share beyond the 50% limit set by Articles 14, 15 and 16 of the Constitution. The court quoted its own order: “Section 3 of the Act, insofar as it takes the aggregate reservation beyond the ceiling of 50%, is struck down as it violates Articles 14 and 15 of the Constitution. Section 4 of the Act is also struck down as unconstitutional, as it violates Articles 14 and 16.”
The 2022 law, enacted by the previous BJP government led by Basavaraj Bommai, had raised the Scheduled Caste quota from 15% to 17% and the Scheduled Tribe quota from 3% to 7%, while leaving the Other Backward Classes quota at 32%. This pushed the total reservation share in Karnataka from the earlier 50% to 56%.
The judgment followed several petitions, including a public‑interest litigation filed by Raichur‑based social worker Mahendra Kumar Mitra and a petition by civil‑engineering graduates H R Sagar and others challenging the enhanced reservation for posts in the Bruhat Bengaluru Mahanagara Palike (BBMP). The court rejected the state’s argument that the high proportion of backward‑class populations—over 90% of Karnataka’s residents—justified exceeding the ceiling. It said the “subjective opinion of the state government that a backward class is not adequately represented … does not enable the state to exceed the limit of 50%.”
The bench also noted that the 103rd Constitutional Amendment, which introduced a 10% reservation for Economically Weaker Sections, did not remove the 50% ceiling for other categories. While the court acknowledged that data from the Justice H.N. Nagamohan Das Commission and other studies could support internal reservations or targeted measures, it held that such findings could not override the constitutional ceiling.
The decision reaffirms the Supreme Court’s 1992 Indra Sawhney judgment, which established the 50% ceiling as a binding principle to balance affirmative action with equality of opportunity. The High Court’s order underscores that demographic arguments or claims of inadequate representation alone cannot justify breaching that limit.
Key facts
- Karnataka High Court struck down Sections 3 and 4 of the 2022 reservation act, citing violation of the 50% ceiling. (thenewsminute.com)
- The 2022 law had raised SC quota to 17% and ST quota to 7%, increasing total reservation to 56%. (thenewsminute.com)
- The bench consisted of Chief Justice Vibhu Bakhru and Justice K.S. Hemalekha. (thenewsminute.com)
- Petitions were filed by Mahendra Kumar Mitra and civil‑engineering graduates H R Sagar and others. (thenewsminute.com)
- The court rejected the argument that the 103rd Constitutional Amendment removed the 50% ceiling. (thenewsminute.com)
Sources
- [1] thenewsminute.com — originally reported as “Karnataka HC strikes down 56% reservation, says SC/ST quota hike breaches 50% cap”
