BENGALURU: Chief Minister DK Shivakumar has urged Prime Minister Narendra Modi to include Karnataka’s enhanced SC/ST reservation law in the Ninth Schedule of the Constitution and secure constitutional protection for it.
In a letter to the PM, Shivakumar stated that the aspirations of the Scheduled Caste and Scheduled Tribe communities that have waited for generations for greater opportunities, deserve “our sincere commitment”.
For nearly seven decades since 1958, the reservation percentages for these communities remained unchanged, notwithstanding the increase in their population, the inclusion of additional communities in the scheduled lists, and the continuing challenges of social and educational disadvantage.
The SCs and STs constituted approximately 17.15% and 6.95%, respectively, of Karnataka’s population as per the 2011 Census, the CM stated.
Shivakumar stated that enhancing reservation for the SCs from 15% to 17% and for the STs from 3 to 7% in education and public employment was based on the recommendations of a Commission headed by Justice HN Nagamohan Das.
Karnataka enacted the law in 2022, which received the governor’s assent in January 2023.
The High Court of Karnataka, in its judgment on October 12, 2026, struck down the enhanced reservation provisions, observing that the aggregate reservation of 56% exceeded the 50% ceiling.
The judgment also examined the requirement of consultation with the National Commissions for the SCs and STs under Articles 338(9) and 338A(9). “Our government respects the judiciary and is pursuing the appropriate appellate remedy before the Supreme Court,” the CM said.
“The constitutional difficulties identified by the high court must be addressed. They must not become the reason for abandoning the aspirations of communities that have waited generations for greater educational and employment opportunities. Parliament has previously demonstrated its willingness to respond to comparable circumstances,” he said.
If Parliament could act to protect a reservation framework of 69% in Tamil Nadu, Karnataka’s considered request for 56% reservation, based on the recommendations of a judicial commission, deserves no less constitutional attention, the CM stated.
He urged the PM to direct the ministries concerned to initiate the process for bringing an appropriate Constitution Amendment Bill before the Parliament to include Karnataka Act No. 1 of 2023 in the Ninth Schedule, consistent with the constitutional requirements governing such an amendment.
