Karnataka Becomes First to Reserve 5% Government Housing for Persons with Disabilities

Constitutional & Legal Framework

• Article 15(4) — empowers State to make special provisions for socially and educationally backward classes (PwDs read in).
• Article 16(4) — reservation in public employment for any backward class.
• Article 41 (DPSP) — State to make effective provision for public assistance in cases of disablement.
• RPwD Act, 2016 §34 — 4% reservation in government jobs for benchmark disabilities.
• RPwD Act, 2016 §37 — mandates reservation in poverty-alleviation schemes, land allotment and government housing — the operative provision in this order.
• UNCRPD, 2006 (India ratified 2007) — Article 28 specifically recognises right to adequate standard of living and housing.

Why It Matters for CLAT 2027

High-probability passage angles:

• Reading down of subordinate legislation (KUDA Rules 2016) to align with parent statute (RPwD Act 2016). Classic doctrine of ultra vires.
• Affirmative action triad: Articles 15(4), 16(4), 21 read with DPSP Article 41.
• Vikas Kumar v. UPSC (2021, SC) — reasonable accommodation as a positive obligation.
• Disabled Rights Group v. UOI (2018, SC) — enforcing 4% PwD reservation in higher education.
• Interplay between state rule-making power and central RPwD Act under federal scheme (Concurrent List, Entry 23 — Social Security).

Key Facts to Memorise

• Order: 12 May 2026, Karnataka HC, single bench Justice Suraj Govindaraj.
• Quantum: 5% reservation in government housing.
• Operative statute: RPwD Act, 2016 — Section 37 (poverty-alleviation & land/housing).
• RPwD employment quota: 4% (§34), split into 1% each across 4 categories of benchmark disabilities.
• PwD population (Census 2011): 2.21 crore (~2.21%); projected 4–5 crore in 2026.
• Disabilities recognised: 21 specified categories under RPwD Schedule (up from 7 under the 1995 Act).
• UNCRPD: Signed by India 30 March 2007; ratified 1 October 2007.
• Nodal agency: Department of Empowerment of Persons with Disabilities (DEPwD) under Ministry of Social Justice & Empowerment.

Mnemonic: 4-37 PwD Rule

4 percent govt jobs (§34 RPwD).
5 percent govt housing (§37 RPwD — Karnataka 2026 order).
21 categories of disability under the Schedule.
2007 — UNCRPD ratification year.
Constitutional anchors: Art 15(4) + Art 16(4) + Art 41 (DPSP).

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