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Karnataka CM seeks Ninth Schedule protection for SC-ST reservation law

Chief Minister D K Shivakumar has urged Prime Minister Narendra Modi to amend the Constitution to protect enhanced quotas for Scheduled Castes and Tribes.

Karnataka Chief Minister D K Shivakumar has written to Prime Minister Narendra Modi seeking a constitutional amendment to include the Karnataka Scheduled Castes and Scheduled Tribes Act, 2022, in the Ninth Schedule. According to The Times of India, the move aims to protect reservation provisions for SCs and STs in public employment and education.

The High Court on October 12 struck down the enhanced reservation provisions, ruling that the aggregate quota of 56 per cent exceeded the 50 per cent ceiling. The 2022 law increased SC reservations from 15 per cent to 17 per cent and ST reservations from 3 per cent to 7 per cent.

Shivakumar stated that the issues flagged by the High Court require a constitutional solution to protect the aspirations of SC and ST communities. He noted that the state's proposal was submitted to the Union government on March 23, 2023, predating the court verdict.

Citing Tamil Nadu’s 69 per cent reservation framework, which was included in the Ninth Schedule via the 76th Amendment Act, 1994, Shivakumar said Karnataka’s request for 56 per cent deserves constitutional attention. He urged the Centre not to defer consideration due to ongoing appellate proceedings.

Deputy Chief Minister G Parameshwara also wrote to the Prime Minister, Union Home Minister Amit Shah, and Union Social Justice Minister Virendra Kumar seeking urgent intervention. Parameshwara noted that the Nagamohan Das Commission had recommended the increase and Ninth Schedule inclusion.

The state government has filed an appeal against the High Court verdict and is seeking relief from the Supreme Court. The Deputy Chief Minister has requested a time-bound examination by various Union ministries to initiate a Constitution Amendment Bill.

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