DK Shivakumar Requests PM Modi for Ninth Schedule Inclusion of Karnataka’s Quota

The CSR Journal Magazine

Karnataka Chief Minister DK Shivakumar has formally requested Prime Minister Narendra Modi to intervene personally in the matter of including the Karnataka Scheduled Castes and Scheduled Tribes (Reservation of Seats in Educational Institutions and of Appointments or Posts in the Services under the State) Act, 2022, in the Ninth Schedule of the Constitution. This appeal was made through a letter dated Friday, where Shivakumar emphasised the urgency of the situation.

Details of the Reservation Enhancement

In his correspondence, Shivakumar highlighted that the Karnataka government has increased the reservation for Scheduled Castes from 15 per cent to 17 per cent and for Scheduled Tribes from 3 per cent to 7 per cent. He asserted that this move aligns with the constitutional vision of BR Ambedkar, aiming to promote social and economic democracy. The Chief Minister pointed out that for nearly seven decades, the reservation percentages had remained static despite demographic changes and ongoing social disadvantages.

The 2011 Census indicated that Scheduled Castes and Scheduled Tribes constituted 17.15 per cent and 6.95 per cent of Karnataka’s population, respectively. In response to these findings, the state government established a Commission led by Justice HN Nagamohan Das, a retired judge of the Karnataka High Court. Following extensive consultations, the Commission recommended the increase in reservation percentages and advised that the new legislation be included in the Ninth Schedule for constitutional safeguarding.

The Karnataka Legislature acted on these recommendations, enacting the legislation which received the Governor’s assent on January 11, 2023, and came into effect on November 1, 2022. However, the High Court of Karnataka ruled on October 12 that the enhanced reservation provisions exceeded the constitutional ceiling of 50 per cent, leading to a legal challenge that the government is currently pursuing in the Supreme Court.

Judicial Challenges and Legislative Responses

Shivakumar acknowledged the government’s respect for the judiciary but emphasised the need for a long-term constitutional solution to the issue. He referenced the precedent set by Tamil Nadu, where the Parliament included a 69 per cent reservation framework in the Ninth Schedule through the Constitution (Seventy-sixth Amendment) Act in 1994. This was described as a legislative response to the state’s ongoing commitment to social justice.

The Chief Minister argued that if Parliament could act to protect Tamil Nadu’s reservation framework, then Karnataka’s request for 56 per cent reservation, based on judicial recommendations, should receive equal consideration. He noted that this request is not new; Karnataka had submitted a proposal to the Union Government on March 23, 2023, and the Legislative Assembly passed a resolution on December 18, 2025, advocating for constitutional protection.

In a written response from the Union Government on July 25, 2026, it was indicated that the inclusion in the Ninth Schedule was not deemed appropriate at that time due to the ongoing High Court proceedings. Following the court’s recent judgment, Shivakumar urged Modi to instruct various ministries to conduct a coordinated examination of the matter, aiming for a definitive constitutional and legislative resolution.

Call for National Importance

Shivakumar also requested that the Union Government facilitate immediate consultations with the National Commission for Scheduled Castes and the National Commission for Scheduled Tribes, as outlined in Articles 338(9) and 338A(9). He stressed the need for collaboration with the Karnataka Government to resolve procedural and constitutional issues effectively.

In closing, Shivakumar appealed to Modi to treat the matter as one of national constitutional significance and to ensure that Karnataka’s longstanding proposal receives prompt and positive attention from Parliament.

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