Karnataka to take ordinance route for SC/ST quota hike

The Karnataka Cabinet decided Thursday to promulgate an ordinance in order to increase reservation for SC/STs even as the government chose not to pursue the 9th Schedule route for now.

The ordinance, once assented to by the governor, will increase reservation for SCs from 15 per cent to 17 per cent and for STs from 3 per cent to 7 per cent.

This would take the total reservation tally to 56 per cent in the state, making it greater than the 50 per cent cap fixed by the Supreme Court.

The decision to take the ordinance route came two weeks after the government adopted a policy stand to hike SC/ST quota.

The quota hike, coming as it does with 6-7 months left for the Assembly polls, would give the the ruling BJP a chance to fight off a certain amount of anti-incumbency.

Briefing reporters after the Cabinet meeting, Law Minister JC Madhuswamy said the government had earlier decided to issue an executive order to hike the quota. "We dropped that idea after realising that it could be questioned in a court of law, leading to complications," the minister said. "The (ordinance) Bill will be sent to the governor. In a day or two, the ordinance will be promulgated."

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The government will base its argument for the quota hike on the basis of population. “We have emphasised the fact that the number of SCs has gone up from six to 103 over the years. Similarly, the number of STs has gone up from four to 56. The SC/ST population has risen manifolds. The Constitution calls for adequate representation, based on which we've decided to increase reservation," Madhuswamy explained.

Earlier, the government said it would recommend to the union government to bring the state's SC/ST quota hike under the 9th Schedule of the Constitution in order to give it legal protection. "The 9th Schedule doesn't guarantee total protection from legal scrutiny. We can't remove courts from looking into these decisions," Madhuswamy said.

"In Tamil Nadu, there's 69 per cent reservation under the 9th Schedule, which has been challenged. Of course, no decision has come from the court. Similar hikes in reservation crossing 50 per cent in every state has been questioned legally," Madhuswamy said, adding that the government would push for the 9th Schedule when it makes a decision on quota-related demands made by several other communities.

The ruling BJP’s move is seen as a strong effort to woo a large section of Dalits and Nayakas (ST).

The decision is also timed for the Karnataka leg of the Congress' Bharat Jodo Yatra, which is scheduled to exit the state on October 23, after having passed through largely Dalit and Tribal constituencies. The BJP is expected to extol the SC/ST quota hike during the second leg of its Jana Sankalpa Yatra that Chief Minister Basavaraj Bommai will launch.