Karnataka govt moves to increase SC and ST quota in the state

Karnataka govt moves to increase SC and ST quota in the state

Subject :Polity

Context:

• The Karnataka government has decided to hike the reservation for Scheduled Caste (SC) and Scheduled Tribe (ST) communities in the state by seeking a constitutional amendment.
• The reservation for SCs will be increased from 15% to 17% and that of STs from 3% to 7% making total reservation in the state to 56%.
• In order to escape the judicial scrutiny the government will place the amendment in Schedule 9 of the constitution.
• The decision was taken in view of Justice Nagamohan Das Committee report.

Constitutional provision involved:

• Article 15(4) – Empowers the state to make special laws for Scheduled Castes, Scheduled Tribes and Other Backward Classes.
• Article 16(4A) – Reservation in matters of promotion to any class or classes of posts in the services under the State in favour of SCs/STs, which are not adequately represented in the services under the State.
• Article 46 – The State shall promote with special care the educational and economic interests of the weaker sections of the people, and, in particular, of the Scheduled Castes and the Scheduled Tribes, and to protect them from social injustice and all forms of exploitation.
• Article 335 -The claims of the members of the Scheduled Castes and the Scheduled Tribes shall be taken into consideration, consistently with the maintenance of efficiency of administration, in the making of appointments to services and posts in connection with the affairs of the Union or of a State.
• Article 341 and 342- Define as to who would be Scheduled Castes and Scheduled Tribes with respect to any State·or Union Territory

Some famous Supreme Court Judgements.

• State of Madras v. ChampakamDorairajan (1951):-Court ruled that caste-based reservations as per Communal Award violate Article 15(1) of the constitution
• Indra Sawhney & Others v. Union of India (1993):-The Supreme Court in a 9 judge bench verdict while upholding the 27 % quota for backward classes,struck down the government notification reserving 10% government jobs for economically backward classes among the higher castes.The court also upheld the principle that the combined reservation beneficiaries should not exceed 50%.Moreover the concept of ‘creamy layer’ was introduced in the obc reservation.
• Nagraj & Others v. Union of India and Others(200):- Upheld the 77th constitutional amendments which inserted Articles 16(4A) and 16(4B),
• Jarnail Singh vs Lachhmi Narain Gupta(2018):- Supreme Court holds that reservation in promotions does not require the state to collect quantifiable data on the backwardness of the Scheduled Castes and the Scheduled Tribes.

Adherence of the Limit by the States:

• Many states have passed the law breaching the limit of 50% as set by Indra Sawhney judgement such as Maharashtra, Telangana,Tamil Nadu, Haryana and Chhattisgarh Rajasthan and Madhya Pradesh.
• The apex court has decided to look into Tamil Nadu’s 69% quota law.But the 69% quota in the state pre-dates the Indra Sawhney judgement.

Way forward:

• Maintaining the Federal Structure:-While deciding the reservation in the state, the state should maintain the federal structure.Under Article 341 and Article 342, declaring a particular community as Scheduled Caste (SC) or Scheduled Tribe (ST) is the power that vested in the parliament.
• Balance between reservation and merit:- A proper balance should be maintain between reservation and merit in order to maintain the efficiency of the institution.
• Spreading the awareness of reservation among the downward section of the society:-Making the downward section of the society more aware of reservations policy and making it accessible to them will further improve the efficiency of the the reservation system and will further help in achieving the desired goal of reservation system.