Karnataka brings in Bill to hike SC, ST quota: Reasons, provisions
Context- The Karnataka government Tuesday tabled a Bill in the Legislative Assembly to increase reservations for Scheduled Castes (from 15 per cent to 17 per cent) and Scheduled Tribes (from 3 per cent to 7 per cent) in the state.
Chief Minister Basavaraj Bommai introduced The Karnataka Scheduled Castes and Scheduled Tribes (Reservation of Seats in Educational Institutions and of Appointments or posts in the services under the state) Bill, 2022, which seeks to replace the ordinance of the same name.While the SCs make up 16 per cent of the state’s population, the STs constitute 6.9 per cent.
What are the reasons the government has given for the bill?
- The government has cited that while the number of Scheduled Castes have increased in the state as more groups were included within it, and the population of both the communities has grown by leaps and bounds, the reservation has remained the same.
- There has been a continuous demand from the members of SC-ST communities for an increase in the reservation percentage, both in employment and educational institutions.
- In 2015, the Nayaka Students Welfare Federation approached the Karnataka High Court, seeking enhancement of SC-ST quota. Based on the HC’s orders, on July 22, 2019, the state government appointed a committee under former High Court judge Justice HN Nagamohandas.
- The committee submitted its report in July 2020, saying there was evidence of social and educational backwardness among the communities. Such backwardness was much starker in populations living in the far-flung areas in the Western Ghats and in the drier regions of the state.
What are the constitutional provisions governing reservations for SCs/STs in India?
- Article 15(4) and 16(4) of the Constitution enabled the State and Central Governments to reserve seats in government services for the members of the SC and ST.
- The Constitution was amended by the Constitution (77th Amendment) Act, 1995 and a new clause (4A) was inserted in Article 16 to enable the government to provide reservation in promotion.
- Article 330 and 332 provides for specific representation through reservation of seats for SCs and STs in the Parliament and in the State Legislative Assemblies respectively.
- Article 243D provides reservation of seats for SCs and STs in every Panchayat.
- Article 233T provides reservation of seats for SCs and STs in every Municipality.
What are Judicial Pronouncements regarding reservation for SCs/STs?
- The Supreme Court in M. Nagaraj v. Union Of India 2006 case while upholding the constitutional validity of Art 16(4A) held that any such reservation policy in order to be constitutionally valid shall satisfy the following three constitutional requirements:
- Community should be socially and educationally backward.
- Community should not be adequately represented in Public employment.
- Such reservation policy shall not affect the overall efficiency in the administration.
- In Jarnail Singh vs Lachhmi Narain Gupta case of 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.
Way Forward- Reservation is fair, as far as it provides appropriate positive discrimination for the benefit of the downtrodden and economically backward Sections of the society. However, focus should be on increasing Higher Educational coverage and Jobs as a whole for all sections of society.
Syllabus– Mains; GS-2; Fundamental Rights
