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Karnataka has filed a special leave petition against the High Court's 12 October verdict striking down its higher quotas for Scheduled Castes (15% to 17%) and Scheduled Tribes (3% to 7%). It also wants the quota placed in the Ninth Schedule. Accounts of the court's reasoning differ.

The Karnataka government has asked the Supreme Court to overturn a High Court verdict that struck down its increase in reservation for Scheduled Castes and Scheduled Tribes. The state raised the quota for Scheduled Castes from 15% to 17% and for Scheduled Tribes from 3% to 7% under a 2022 law. The Chief Minister's Office said on Wednesday, 11 November 2026, that a special leave petition had been filed, within 16 days of the judgment. The state also says it will press the Union government for a constitutional amendment to protect the quota. This report is for information only.
The High Court ruled on 12 October 2026. A division bench led by Chief Justice Vibhu Bakhru and Justice K S Hemalekha struck down provisions of the Karnataka Scheduled Castes and Scheduled Tribes Act, 2022. Reports differ on the scope. Some say Sections 3 and 4 were declared unconstitutional for violating Articles 14 and 15 of the Constitution, while others say Section 3 was struck down insofar as it takes total reservation beyond the 50% ceiling.
The arithmetic behind the ceiling argument is simple. With reservation for Other Backward Classes unchanged at 32%, raising the Scheduled Caste share by two points and the Scheduled Tribe share by four lifted total reservation in Karnataka from 50% to 56%, beyond the limit set in the Supreme Court's 1992 Indra Sawhney judgment. The High Court rejected the state's argument that reservation should follow each community's share of the population, and noted that its findings could support measures such as internal reservation within the groups, without justifying a rise above the ceiling.
The state's release describes the verdict differently. It says the High Court held that consultation with the National Commissions for Scheduled Castes and Scheduled Tribes was mandatory and that letters sent after the law was passed did not meet that requirement. The judgment itself was not available, so the two accounts cannot be reconciled here. What the state's petition argues will be clear only when it is listed; no hearing date has been given.
The Cabinet decided to challenge the verdict on 15 October, a government order dated 27 October approved the appeal and the petition was filed on 28 October, according to the Chief Minister's Office. Its release lays out a political case as well as a legal one.
| Date | Event |
|---|---|
| July 2020 | Justice H N Nagamohan Das Commission recommends the increase and a Ninth Schedule entry |
| 7 October 2022 | Then law minister J C Madhuswamy says the quota will go into the Ninth Schedule |
| 2022 and 2023 | State issues an ordinance, then passes the law before the 2023 elections |
| 18 December 2025 | Assembly resolution asks the Centre to place the quota in the Ninth Schedule |
| 25 July 2026 | Centre tells Parliament the request is deferred while the matter is before the High Court |
| 12 October 2026 | High Court verdict |
| 28 October 2026 | Special leave petition filed |
The Ninth Schedule is a list of laws that Parliament has placed in a protected category against challenge, and the state calls placing the quota there the only permanent safeguard against future legal challenges. The government says the previous BJP government in the state did not pursue the constitutional route, and cites a statement in Parliament on 21 March 2023 by a Union minister of state that no proposal had reached the Centre. It says it wrote to the Centre two days later. It notes that Karnataka has five Union ministers and 19 Lok Sabha members of the BJP and Janata Dal (Secular), and that no amendment has been introduced.
A special leave petition is the route by which a state or a person asks the Supreme Court to hear an appeal against a High Court judgment. The Court first decides whether to admit it, and it may refuse, issue notice to the other side, or pass interim directions, including on recruitment. The state's petition has not yet been listed, so none of those steps has happened.
The practical stakes are recruitment and admissions. In February 2026 the government approved filling 56,432 vacancies, and it kept an additional six per cent of the posts for Scheduled Caste and Scheduled Tribe candidates in a backlog category until the Supreme Court gives its final verdict, so that the extra share would not be lost. An interim order had allowed recruitment already notified before 19 November 2025 to continue, even where it followed the higher quota, and that with the verdict the state must otherwise revert to the earlier reservation framework.
The state also points to its internal reservation within the Scheduled Castes, which is meant to help the most disadvantaged communities. The central question for the Supreme Court is whether a state can exceed the 50% ceiling without exceptional justification. The Court's 1992 ruling allows the limit to be crossed only in extraordinary situations, and the state will have to show one. Until the petition is heard, the High Court's verdict stands.
Sources
About the Author
Staff Writer
Prateek Rawat is a contributor to Wirony. All articles published under this byline undergo editorial review and approval before publication, with any necessary corrections handled…
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