Govt defers inclusion of Karnataka Reservation Act, 2022 in the Ninth Schedule due to ongoing court case
Union Government deferred inclusion of Karnataka’s Reservation Act, 2022 in the Ninth Schedule because the matter is sub-judice before the Karnataka High Court.
- The Ninth Schedule lists laws that get stronger protection from some Fundamental Rights challenges in court.
- Judicial review means courts check whether a law fits constitutional limits; a pending case is treated as “sub-judice,” so governments often wait before making constitutional placement changes.
- 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 provides 56% reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes.
What happened now: Central Government defers Ninth Schedule inclusion request from Karnataka
The Central Government decided to defer the request 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 in the Ninth Schedule of the Constitution. The Union Government’s position was stated by the Union Minister of Law and Justice, Shri Arjun Ram Meghwal, in a written reply to the Lok Sabha.
The Union Government’s stated reason for deferring inclusion was that the Karnataka High Court case challenging the Karnataka Act is still ongoing and the matter is sub-judice.
UPSC can frame this as a test of constitutional boundaries: whether Ninth Schedule protection can be pursued when the underlying law is already under active judicial scrutiny. The Lok Sabha reply gives a clear “why” (court case pending) that can be linked to the scope and limits of judicial review.
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