Reservation cannot be proportionate to population of castes, says Karnataka High Court

The High Court of Karnataka has struck down a law that sought to increase reservation for Scheduled Castes (SCs) and Scheduled Tribes (STs) beyond the 50% limit, declaring the provisions unconstitutional. The Division Bench, comprising Chief Justice Vibhu Bakhru and Justice K.S. Hemalekha, ruled that Sections 3 and 4 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, are ultra vires the Constitution.

The Act, which came into force retrospectively from November 1, 2022, during the previous BJP government, had increased reservation for SCs from 15% to 17% and for STs from 3% to 7%, bringing the aggregate reservation in the State from 50% to 56%. The court's decision is based on the 50% ceiling for reservations, which was established by the Supreme Court in the 1992 case of Indra Sawhney vs Union of India and reaffirmed in subsequent judgments.

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