Supreme Court Declares Karnataka’s 2022 Law on KAS Recruitment Unconstitutional
On 29 October 2026, the Supreme Court declared unconstitutional the Karnataka Civil Services (Validation of Selection and Appointment of 2011 Batch Gazetted Probationers) Act, 2022. The law sought to validate the selection and appointment of 362 Group A and Group B Gazetted Probationers whose recruitment had been cancelled.
Why the law was struck down
A bench of Justices J.B. Pardiwala and K. Vinod Chandran held that a legislature cannot undo final judicial decisions through a subsequent law without removing their legal basis. The 2022 Act attempted to validate a recruitment process already set aside by courts.
The Karnataka Public Service Commission issued the recruitment notification on 3 November 2011. A Criminal Investigation Department inquiry in 2013–14 found extensive irregularities, including manipulation and bribery. The state cancelled the entire process; the Karnataka High Court upheld the cancellation, and the Supreme Court later declined to interfere.
Fresh recruitment and candidate relief
The Court directed the Karnataka government to recruit afresh for the vacant posts under existing rules. It granted a one-time age relaxation to specified candidates from the 2011 process, including six appellants and petitioners with pending cases before the Karnataka Administrative Tribunal. If selected, they will receive seniority from their new appointment date, no back wages or notional earlier appointment, but their prior service will count towards pension and retirement benefits.
Important Facts for Exams
- Judicial review: The Supreme Court can invalidate ordinary laws and constitutional amendments under judicial review, applying the basic-structure doctrine it developed in the 1960s and 1970s.
- Binding decisions: Supreme Court decisions bind other Indian courts as well as both union and state governments.
- State Public Service Commissions: Article 315 provides for a Public Service Commission for each state; the Governor appoints its members, but only the President may remove them.
- Interim service-rule authority: Under Article 309, recruitment and service conditions may be regulated by legislation; until then, the President or Governor may make rules.