Bengaluru: The state government could face an uphill task while implementing its plans to hike reservation quota in education and employment for the scheduled castes and tribes, and backward classes from 50 per cent to 70 per cent in view of a special leave petition (SLP) pending in the Supreme Court for a judicial review of ninth schedule of the Constitution.
In view of such a SLP awaiting adjudication, the Union government seems unlikely to respond to the state government’s plea to increase the reservation quota and provide constitutional validity for the same by incorporating the ninth schedule of the constitution, according to constitutional experts.
On Tuesday, Chief Minister Siddaramaiah stated in the Council in Belagavi that he would amend the existing Act after consulting experts.
In Balaji and Indira Sahani case, the Supreme Court has stated that the reservation cap should not cross 50 per cent. However, in 1994, the Tamil Nadu government stepped up reservation from 50 per cent to 69 per cent. This was incorporated in the Constitution after both Houses of legislature approved an Act. However, the SLP has been filed seeking judicial review of the ninth scheduled since it violated the basic structure of the Constitution.
Meanwhile, Karnataka State Backward Classes Commission Chairperson, H. Kantharaju, told Deccan Chronicle, “The Supreme Court has held in Indira Sahani case that the reservation cap should not cross 50 per cent. This verdict should be reviewed. Restricting reservation to 50 per cent in education and employment sector will not be workable for few states, especially Odisha, where the tribal population is high.”
