Karnataka High Court: Reservation Must Ensure "Adequate", Not "Proportionate", Representation
The High Court of Karnataka held that the Constitution requires "adequate representation" of backward classes in government jobs, not "proportionate representation" (that is, quota equal to their share of the population).
A Division Bench (a bench of two judges) of Chief Justice Vibhu Bakhru and Justice K.S. Hemalekha said this while striking down a 2022 State law that had raised reservation for Scheduled Castes (SCs) from 15% to 17% and for Scheduled Tribes (STs) from 3% to 7%.
The State had argued that SC and ST population had grown (to 17.15% and 6.95% respectively in the 2011 Census, a combined 24.1%) while their reservation stayed at 18%. It relied on the 2020 report of the Justice H.N. Nagamohan Das Commission.
The Court said proportionate representation is accepted only under Articles 330 and 332 (reserved seats in the Lok Sabha and State Assemblies), not under Article 16(4) (reservation in government jobs). Making population the basis for job quotas would be "destructive of the principle of equality", which is part of the basic structure of the Constitution.
The Court added that demographic change of one group cannot be seen alone: the population and representation of forward classes also matter, and the State showed no "extraordinary circumstance" to cross the 50% ceiling.
The Court also found that the State had not consulted the National Commission for Scheduled Castes and the National Commission for Scheduled Tribes before passing the law, which the Constitution makes mandatory on major policy matters.
Articles 15(4) and 16(4): Reservation for Backward Classes
Article 15 and Article 16 belong to the Right to Equality in Part III (Fundamental Rights) of the Constitution. Article 15(4) allows the State to make special provisions, such as reserved seats in colleges, for socially and educationally backward classes, SCs and STs. Article 16(4) allows the State to reserve appointments or posts in government jobs for any backward class of citizens that, in the State's opinion, is "not adequately represented" in State services. These clauses are the main constitutional basis for job and education quotas.
The Karnataka High Court's main point rests on the words "not adequately represented" in Article 16(4). Since the clause speaks of adequacy, the State cannot simply match the quota to the population share. It must show, with data, that a class is under-represented in jobs.
Articles 330 and 332: Reservation of Seats for SCs and STs in Legislatures
Articles 330 and 332 of the Constitution reserve seats for Scheduled Castes (SCs) and Scheduled Tribes (STs) in the Lok Sabha and in the Legislative Assemblies of the States. In these reserved seats, only an SC (or ST) person can stand as a candidate, but all voters of the constituency, from every community, vote. The number of reserved seats in each State is fixed in proportion to the SC and ST population of that State. This is the one place where the Constitution clearly uses population as the measure for reservation.
The Karnataka High Court pointed out that the Constitution uses population as the measure only in Articles 330 and 332, for seats in legislatures. For government jobs under Article 16(4), the test is adequacy of representation. So the State's argument that SC/ST job quotas must rise because their population share rose did not hold.
National Commission for Scheduled Castes (NCSC): Article 338
The National Commission for Scheduled Castes (NCSC) is a constitutional body set up under Article 338 of the Constitution. Its job is to watch over the safeguards given to Scheduled Castes (SCs), look into their complaints, and advise the government on their development. Because it is created by the Constitution itself, it cannot be abolished by an ordinary law. Its sister body for tribes is the National Commission for Scheduled Tribes (NCST) under Article 338A.
The Karnataka High Court found that the State raised SC and ST reservation without first consulting the NCSC and NCST, as Articles 338(9) and 338A(9) require for major policy matters. This became an additional reason, along with the breach of the 50% ceiling, to strike down the law.
- Bench: Chief Justice Vibhu Bakhru and Justice K.S. Hemalekha, High Court of Karnataka
- Law struck down raised SC reservation from 15% to 17% and ST reservation from 3% to 7% (total from 50% to 56%)
- 2011 Census figures cited by the State: SCs 17.15%, STs 6.95% of Karnataka's population (combined 24.1%)
- Justice H.N. Nagamohan Das Commission report: 2020
- Population-based (proportionate) representation exists only for seats in legislatures under Articles 330 and 332
- Article 16(4): reservation for any backward class "not adequately represented" in State services
- Lok Sabha reserved seats: 84 SC, 47 ST (out of 543)
- Article 334 reservation of seats extended to January 2030 by the 104th Amendment, 2019
- Article 338(9) and 338A(9): mandatory consultation with NCSC and NCST on major policy matters