Rejecting the preliminary objection raised by the State Government on maintainability of PIL petitions questioning creation of caste-based corporations, the High Court of Karnataka on Tuesday said it requires to consider various issues, including whether creation of caste-based corporations and spending huge amount of public money violate the concept of secularism as envisaged in the Constitution of India.
A Division Bench comprising Chief Justice Ritu Raj Awasthi and Justice Sachin Shankar Magadum passed the order while hearing a batch of PIL petitions questioning creation of various caste-based corporations, including Veerashaiva-Lingayat Development Corporation, Brahmin Development Corporation, Karnataya Arya Vysya Community Development Corporation, and Karnataka Maratha Development Corporation.
The court also said it requires to examine whether the State Government had legal right to create such corporations, which are allegedly caste-based, under the Entry 32 of List II of the Constitution.
Another question framed by the court for examination is whether spending of public money for development of a few castes would be violative of the Article 27 (freedom as to payment of taxes for promotion of any particular religion) of the Constitution. The court adjourned hearing till February 2, 2022.
