<p>The Karnataka Cabinet decided Saturday to issue an executive order increasing reservation for the Scheduled Castes and Scheduled Tribes after which the government will initiate steps to have it included under the 9th Schedule of the Constitution. </p>.<p>Quota for SCs will go up from 15 per cent to 17 per cent and for STs from 3 per cent to 7 per cent. </p>.<p>“The Cabinet decided to accept the recommendations of the Justice HN Nagmohan Das Commission on hiking SC/ST quota. It will be implemented through a government order. The modalities will be explained in the order, which is expected to be issued in 2-3 days,” Law Minister JC Madhuswamy said, briefing reporters after the special Cabinet meeting.</p>.<p><strong>Also Read | <a href="https://www.deccanherald.com/state/top-karnataka-stories/karnataka-to-hike-sc/st-quota-via-constitutional-amendment-1151431.html">Karnataka to hike SC/ST quota via Constitutional amendment</a></strong></p>.<p>The executive order will be followed by a gazette notification. </p>.<p>This will take the reservation tally in Karnataka to 56 per cent against the 50 per cent cap fixed by the Supreme Court in the Indira Sawhney judgement. </p>.<p>At present, Karnataka provides 32 per cent reservations for OBCs, 15 per cent for SCs and 3 per cent for STs, totalling 50 per cent. </p>.<p>Karnataka will need a Constitutional amendment to ring-fence the SC/ST quota hike as it would exceed the 50 per cent cap.</p>.<p>“In order to bring this under the 9th Schedule for legal protection, the law minister, the law commission, constitutional experts and the advocate-general will make recommendations on the way forward,” Chief Minister Basavaraj Bommai told reporters. “The 9th Schedule has its own procedure. It’s a Constitutional amendment, which takes its own time,” he added. </p>.<p>Bommai expressed confidence that the government’s decision will pass the legal test. </p>.<p>“Under the Indira Sawhney judgement, a special case can be made for communities that are away from the mainstream socially and educationally,” Bommai said. </p>.<p>The Cabinet relied upon the Nagmohan Das Commission and Justice Subhash B Adi reports. “Both reports have made a special case based on population, education and social parameters along with statistics. There are strong grounds. Our gazette notification will spell out why there’s a special case for the quota hike,” Bommai said. </p>.<p>Karnataka is banking on examples from other states that have breached the 50 per cent reservation limit: Tamil Nadu (69 per cent), Maharashtra (68 per cent), Madhya Pradesh (73 per cent), Rajasthan (64 per cent), Jharkhand (70 per cent) and Uttar Pradesh (60 per cent). “No court has ordered against them,” Bommai pointed out.</p>.<p>Asked why the government decided to issue an executive order before the Constitutional amendment, Madhuswamy said, "The government runs on some specific purpose and ideologies. We're in a democracy. Can we discuss if the laws we make will stand judicial scrutiny? Executive decisions and legisaltive decisions are different." </p>
<p>The Karnataka Cabinet decided Saturday to issue an executive order increasing reservation for the Scheduled Castes and Scheduled Tribes after which the government will initiate steps to have it included under the 9th Schedule of the Constitution. </p>.<p>Quota for SCs will go up from 15 per cent to 17 per cent and for STs from 3 per cent to 7 per cent. </p>.<p>“The Cabinet decided to accept the recommendations of the Justice HN Nagmohan Das Commission on hiking SC/ST quota. It will be implemented through a government order. The modalities will be explained in the order, which is expected to be issued in 2-3 days,” Law Minister JC Madhuswamy said, briefing reporters after the special Cabinet meeting.</p>.<p><strong>Also Read | <a href="https://www.deccanherald.com/state/top-karnataka-stories/karnataka-to-hike-sc/st-quota-via-constitutional-amendment-1151431.html">Karnataka to hike SC/ST quota via Constitutional amendment</a></strong></p>.<p>The executive order will be followed by a gazette notification. </p>.<p>This will take the reservation tally in Karnataka to 56 per cent against the 50 per cent cap fixed by the Supreme Court in the Indira Sawhney judgement. </p>.<p>At present, Karnataka provides 32 per cent reservations for OBCs, 15 per cent for SCs and 3 per cent for STs, totalling 50 per cent. </p>.<p>Karnataka will need a Constitutional amendment to ring-fence the SC/ST quota hike as it would exceed the 50 per cent cap.</p>.<p>“In order to bring this under the 9th Schedule for legal protection, the law minister, the law commission, constitutional experts and the advocate-general will make recommendations on the way forward,” Chief Minister Basavaraj Bommai told reporters. “The 9th Schedule has its own procedure. It’s a Constitutional amendment, which takes its own time,” he added. </p>.<p>Bommai expressed confidence that the government’s decision will pass the legal test. </p>.<p>“Under the Indira Sawhney judgement, a special case can be made for communities that are away from the mainstream socially and educationally,” Bommai said. </p>.<p>The Cabinet relied upon the Nagmohan Das Commission and Justice Subhash B Adi reports. “Both reports have made a special case based on population, education and social parameters along with statistics. There are strong grounds. Our gazette notification will spell out why there’s a special case for the quota hike,” Bommai said. </p>.<p>Karnataka is banking on examples from other states that have breached the 50 per cent reservation limit: Tamil Nadu (69 per cent), Maharashtra (68 per cent), Madhya Pradesh (73 per cent), Rajasthan (64 per cent), Jharkhand (70 per cent) and Uttar Pradesh (60 per cent). “No court has ordered against them,” Bommai pointed out.</p>.<p>Asked why the government decided to issue an executive order before the Constitutional amendment, Madhuswamy said, "The government runs on some specific purpose and ideologies. We're in a democracy. Can we discuss if the laws we make will stand judicial scrutiny? Executive decisions and legisaltive decisions are different." </p>
