Karnataka Election 2023: Can Congress promise 75 per cent reservation in manifesto?

One of the many promises that Congress has made in its 2023 Karnataka Election manifesto is to increase the total reservation to 75 per cent and increase in the reservation of eligible communities. But can the Grand Old Party really do so? No, according to Union Home Minister Amit Shah.

Days before the Congress manifesto came out, former Chief Minister Siddaramaiah had stated that the party would provide over 70 per cent reservation. Responding to that, Union Home Minister Amit Shah had told Asianet News Network in a mega exclusive interview how the Congress would not be able to provide that sort of reservation.

"All of us know that there is a verdict by a nine-judge bench of the Supreme Court. They cannot do it (provide 70 per cent reservation). Who will agree with Siddaramaiah? But he is upset. So he keeps saying such things," he said.

The Union Home Minister further said, "See, taking or giving (reservation)... both should be as per the Constitution. All of us agree that the nation should go ahead as per the Constitution. Let one of the Congress leaders come and show me a section in our Constitution that provides for religion-based reservation. And if they are unable to do so, then they should justify the reason why they did it (bring the 4 per cent Muslim quota). That's appeasement."

1993 Supreme Court Verdict Capping Quotas at 50 per cent

The Supreme Court verdict in Indra Sawhney v Union of India made it clear that there will be a 50% cap on reservations for Other Backward Classes.

However, the nine-judge bench held that this quota cap could be breached in "extraordinary situations". 

While observing that the reservation of a majority of seats was never envisaged by the founding fathers of the Indian Constitution, the bench said that while 50% shall be the rule, it is necessary not to put certain extraordinary situations inherent in the great diversity of this country and the people out of consideration. 'It might happen that in far-flung and remote areas the population inhabiting those areas might, on account of their being out of the mainstream of national life and in view of conditions peculiar to and characteristic to them, need to be treated in a different way, some relaxation in this strict rule may become imperative.  In doing so, extreme caution is to be exercised and a special case made out,' the bench said.

However, in November 2022, the Apex Court extended reservations to 59.5 per cent of the population when it upheld the validity of the quota for economically weaker sections.

• Karnataka Election 2023
• Reservation
• Congress election manifesto