6 MPs urge Centre to include reservation Act of Karnataka in Ninth Schedule

Six Members of Parliament have urged the Union Government to include 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 in the Ninth Schedule of the Constitution to safeguard reservation benefits for Scheduled Castes and Scheduled Tribes in the State.

A delegation comprising G. Kumar Naik (Raichur), E. Tukaram (Ballari), Priyanka Satish Jarkiholi (Chikkodi), Rajashekhar Hitnal (Koppal), Prabha Mallikarjun (Davanagere), and Sunil Bose (Chamarajanagar) met Union Minister for Social Justice and Empowerment Virendra Kumar on March 11 to submit a memorandum seeking urgent action on the issue.

In the memorandum dated March 10, the MPs expressed concern that the proposal sent by the government of Karnataka to include the Act in the Ninth Schedule has been pending with the Union Government for more than three years.

The MPs said that inclusion of the legislation in the Ninth Schedule under Articles 31(B) and 31(C) of the Constitution is necessary to protect the reservation policy from legal challenges, and ensure effective implementation of enhanced reservation for SCs and STs communities in Karnataka.

They informed that the Act was enacted to advance the constitutional objectives under Articles 15, 16, 38, 39 and 46, which mandate the State to promote social justice, reduce inequalities and safeguard the educational and economic interests of weaker sections.

The memorandum recalled that the State Government forwarded the proposal to the Union Government in March 2023 for inclusion of the Act in the Ninth Schedule. However, the matter is yet to be taken up for consideration.

The MPs said that the demand for enhanced reservation for Scheduled Castes and Scheduled Tribes in the State had persisted for decades.

They pointed out that significant changes had occurred in the classification and recognition of SC and ST communities since the 1960s. In particular, the enactment of Central Act 108 of 1976 removed geographical restrictions attached to many communities, thereby increasing the population eligible for reservation benefits. Despite this increase, the reservation quota in the State had remained unchanged since 1958, they said.

They referred to the recommendations of the H.N. Nagamohandas Commission, constituted following directions of the High Court of Karnataka, which examined the socio-economic status and representation of SCs and STs communities based on extensive empirical data.

The findings were later reviewed by an implementation committee headed by Subhash B. Adi, based on which the State Government enacted the legislation.

According to the MPs, the committee highlighted issues such as low literacy levels and limited representation of these communities in public employment and education. They also pointed out that several other States provide higher reservation percentages despite having fewer notified communities.

The MPs said timely action by the Centre will help secure the rights and due representation of SCs and STs communities in the State.

Mr. Kumar Naik told The Hindu that the proposal is crucial for ensuring justice and constitutional protection for millions of SC and ST communities in the State. He urged the Union Government to accord priority to the matter, and take it up for consideration during the ongoing budget session of Parliament.