Its own caste survey in hand, Congress in Karnataka to test BJP with demand to lift quota ceiling

“The ceiling of 50% reservation should be removed. Reservations should be in line with the population of Dalits, Backward Classes, minorities and tribes. There should be a study of their socioeconomic and educational status, and reservations should be provided,” Karnataka Chief Minister Siddaramaiah said Thursday, adding that the ceiling of 50% imposed by the Supreme Court in 1992 in the Indra Sahwney case had “no scientific basis”.

“The 50% ceiling on reservation has lost its relevance after 10% reservation was provided to the Economically Weaker Section (in 2019). In Tamil Nadu, there is a 69% reservation law. It is protected under the Ninth Schedule of the Constitution. Jharkhand has raised it to 77%… Even the Central government has hiked the quotas by 10% (for EWS) and it has been upheld by the Supreme Court,” Siddaramaiah added.

The government in Karnataka, where a 2015 Socio Economic and Educational Survey enumerating caste was submitted to the government last year by the Karnataka State Commission For Backward Classes (KSCBC), is likely to enact a law to increase reservations in the state above the 50% limit based on the recommendations of the report that was unveiled in April.

Existing reservations based on population

The Siddaramaiah-led Cabinet has been dallying over the report since receiving it on April 11 and a Cabinet meeting scheduled on May 2 to consider the report in detail now stands postponed to May 9.

Based on the Socio Economic and Educational Survey, the KSCBC recommended increasing reservations for Other Backward Classes (OBCs) in the state from 32% to 51% – taking the overall reservation for backward communities to 69%, including Scheduled Castes and Scheduled Tribes at a combined 18%, and the total reservations to 79% (with 10% for the EWS).

The passage of a law to implement the report’s recommendations has, in fact, become easier since the Centre’s proposal for a caste enumeration in the next Census is expected to lower the resistance from the state’s opposition BJP and Janata Dal (Secular), allowing discussions in the state legislature.

“The Congress strategy is to welcome the announcement of the caste count. We do not know the seriousness of the BJP since it has always opposed a caste census. The Census could take over two years for completion. Our plan is to move ahead on the basis of our agenda, as done in other states,” a senior Congress leader said.

Opposition INDIA bloc-led governments have enacted laws in Telangana and Jharkhand on the basis of caste surveys to hike reservations to 70% and 77% respectively, including EWS. The Janata Dal (United)-led government in Bihar has hiked reservations to 75%, with EWS.

Recommended reservations based on state survey

The Congress is seen as likely to test the BJP’s commitment to a social justice agenda by seeking inclusion of any law passed for the increase in reservations under the Ninth Schedule of the Constitution – through an amendment passed by Parliament.

When the Tamil Nadu Backward Classes, Scheduled Castes and Scheduled Tribes (Reservation of Seats in Educational Institutions and of Appointments or Posts in the Services Under the State) Act, 1993, was passed by the Jayalalithaa-led AIADMK government – to increase quotas to 69% – the AIADMK had campaigned in Delhi for inclusion of the Act under the Ninth Schedule and the Congress government led by then Prime Minister P V Narasimha Rao had agreed eventually.

The move was challenged in the Supreme Court but no conclusion has been reached in 30 years.

“Since the M R Balaji vs State of Mysore case of 1963 – when 69% reservations were provided in Karnataka (erstwhile Mysore) – on the basis of the Naganagouda Commission report, the courts have been asking for scientific data to determine social and educational backwardness. The recent caste survey has gathered the data,” a senior Congress leader said.