BENGALURU: Chief Minister DK Shivakumar on Saturday wrote to Prime Minister Narendra Modi seeking urgent personal intervention to include 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 (Karnataka Act No. 1 of 2023) in the Ninth Schedule of the Constitution.
In his letter, the chief minister said Karnataka’s move to enhance reservation for Scheduled Castes from 15 per cent to 17 per cent and for Scheduled Tribes from 3 per cent to 7 per cent was in furtherance of the constitutional vision of BR Ambedkar to ensure social and economic democracy.
He said for nearly seven decades since 1958, reservation percentages remained unchanged despite an increase in population, inclusion of additional communities and continuing social and educational disadvantage. Census 2011 recorded SCs and STs as 17.15 per cent and 6.95 per cent of Karnataka’s population.
Recognising this, the government constituted a Commission headed by Justice HN Nagamohan Das, retired Judge of the Karnataka High Court. The Commission, after extensive consultations, recommended increasing reservation to 17 per cent for SCs and 7 per cent for STs and expressly recommended inclusion of the enhanced legislation in the Ninth Schedule for constitutional protection.
Hon’ble Chief Minister Shri @DKShivakumar has written to Hon’ble Prime Minister Shri Narendra Modi, urging his personal intervention to include 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 (Karnataka Act No. 1 of 2023), in the Ninth Schedule of the Constitution of India. The Act provides for enhancing reservation for Scheduled Castes from 15% to 17% and Scheduled Tribes from 3% to 7% in education and public employment.
The enhancement was based on the recommendations of the Commission headed by retired Karnataka High Court Judge Justice H.N. Nagamohan Das, which recommended 17% reservation for SCs and 7% for STs, along with inclusion of the legislation in the Ninth Schedule. The Commission’s recommendations took into account the social and educational disadvantages faced by these communities and their share in Karnataka’s population. The legislation received the Governor’s assent on 11 January 2023 and came into effect from 1 November 2022.
The Chief Minister has highlighted Karnataka’s sustained efforts to secure constitutional protection for the legislation, including the State Government’s proposal submitted to the Union Government on 23 March 2023, the Karnataka Legislative Assembly’s resolution on 18 December 2025, and former Chief Minister Shri Siddaramaiah’s letter to the Prime Minister on 16 April 2026. He has also recalled the Union Government’s response in the Lok Sabha on 25 July 2026, acknowledging receipt of the proposal.
Following the Karnataka High Court judgment dated 12 October 2026, which struck down the enhanced reservation provisions citing the 50% reservation ceiling and examining the requirement of consultation with the National Commissions for SCs and STs under Articles 338(9) and 338A(9), the State Government is pursuing the appropriate appellate remedy before the Supreme Court. The Chief Minister has emphasised that the constitutional and procedural issues must be addressed without abandoning the aspirations of these communities.
The Chief Minister has urged the Prime Minister to initiate the process for an appropriate Constitutional Amendment Bill to include Karnataka Act No. 1 of 2023 in the Ninth Schedule, facilitate consultations with the National Commissions for SCs and STs, and direct the Ministries of Law and Justice, Social Justice and Empowerment, Tribal Affairs, and Home Affairs to undertake a coordinated, time-bound examination. He has assured the Union Government of the State’s full cooperation in providing empirical material and addressing all constitutional requirements, seeking a positive decision and necessary legislative action to secure a legally sustainable solution.
— CM of Karnataka (@CMofKarnataka) November 14, 2026
Acting on recommendations, the Karnataka Legislature enacted the Act, which received the Governor’s assent on January 11, 2023 and came into effect from November 1, 2022.
Shivakumar said High Court of Karnataka, in its judgment dated October 12 struck down provisions enhancing reservation, holding aggregate reservation of 56 per cent exceeded prevailing constitutional ceiling of 50 per cent. The judgment also examined the requirement of consultation with National Commissions for SCs and STs under Articles 338(9) and 338A(9).
He said the government has the highest respect for the judiciary and has pursued an appellate remedy before the Supreme Court, but the judgment has brought into sharp focus the necessity of an enduring constitutional solution.
Citing Tamil Nadu precedent, Shivakumar said in 1994, through the Constitution (Seventy-sixth Amendment) Act, Parliament included Tamil Nadu’s legislation providing for 69 per cent reservation in the Ninth Schedule as a conscious constitutional and legislative response to longstanding policy of social justice.
“If Parliament could act to protect a reservation framework of 69 per cent in Tamil Nadu, Karnataka’s considered request for 56% reservation, founded upon recommendations of a judicial commission, deserves no less constitutional attention,” he said.
Shivakumar said Karnataka’s request is not recent. The state submitted a proposal to the Union Government on March 23, 2023. Karnataka Legislative Assembly passed a resolution on December 18, 2025, seeking constitutional protection. Former Chief Minister Siddaramaiah also addressed a detailed letter to PM Modi on April 16, 2026.
In a written reply in Lok Sabha on July 25, 2026, the Union Government acknowledged receipt but indicated inclusion in the Ninth Schedule was not considered appropriate at that stage as the matter was pending before the High Court. High Court has since delivered judgment.
Shivakumar urged PM Modi to direct the Ministries of Law and Justice, Social Justice and Empowerment, Tribal Affairs and Home Affairs to undertake coordinated, time-bound examination so that a definite constitutional and legislative course can be placed before Parliament at the earliest.
He also requested the Union Government to facilitate immediate consultations with the National Commission for Scheduled Castes and the National Commission for Scheduled Tribes as contemplated under Articles 338(9) and 338A(9) and work with the Karnataka Government to address procedural and constitutional issues.
“Parliament has responsibility and authority to consider whether constitutional measures are necessary to advance the Republic’s enduring commitments. Treat this matter as one of national constitutional importance and personally ensure Karnataka’s longstanding proposal receives a positive, time-bound decision,” he said. (ANI)
