Centre defers inclusion of Karnataka Reservation Act in Ninth Schedule pending court proceedings
UPSC / SSC current affairs note · Polity
Why in news
The central government has deferred the proposal to include the Karnataka Reservation Act, 2022 in the Ninth Schedule of the Constitution until the Karnataka High Court completes its proceedings on the Act. The Act provides for 56% reservation for SCs, STs, and OBCs, exceeding the 50% cap set by the Supreme Court.
Background
The Karnataka Scheduled Castes and Scheduled Tribes (Reservation of Seats in Educational Institutions and Appointments or Posts in Services under the State) Act, 2022 was passed by the Karnataka legislature. It was challenged in the Karnataka High Court, where the matter is sub judice. The state government requested the Centre to include the Act in the Ninth Schedule to shield it from judicial review.
Key facts
The Karnataka Reservation Act, 2022 provides 56% reservation for SCs, STs, and OBCs in educational institutions and government services.
The Act is currently challenged in the Karnataka High Court and is sub judice.
The central government decided to defer the proposal to include the Act in the Ninth Schedule until the court proceedings are complete.
The decision was communicated by Union Law Minister Arjun Ram Meghwal in a written reply in Lok Sabha.
Inclusion in the Ninth Schedule would have placed the Act beyond judicial review under Article 31B.
Prelims pointers
- Ninth Schedule of the Constitution
- Article 31B
- Karnataka Reservation Act, 2022
- 56% reservation
- Karnataka High Court
- Indra Sawhney case (50% ceiling)
- Article 15(4) and Article 16(4)
Mains angles
- Discuss the significance of the Ninth Schedule and its role in protecting laws from judicial review.
- Critically examine the conflict between state reservation laws exceeding 50% and the Supreme Court's ceiling.
- Analyze the federal implications of the Centre deferring to court proceedings on a state law.