Karnataka High Court Issues Notice On PIL Seeking Commission To Consider Geo-Political Autonomy Of Codava Tribe In Coorg

The Karnataka High Court on Monday issued notice to the State of Karnataka and Union Government on a public interest litigation filed seeking to set up a commission to consider the demands for granting Coorg, which is part of State of Karnataka, a Geo-Political Autonomy/Self-Rule and inclusion in the Schedule List (ST) list of the Indian Constitution.

A division bench of Chief Justice Prasanna B Varale and Justice M G S Kamal issued notice on the petition filed by Dr. Subramanian Swamy, which is returnable after 8 weeks.

The court also permitted him to amend the petition by Tuesday allowing him to transpose the respondent Codava National Council, as the petitioner, considering that he is espousing the cause raised by the Council.

The petition claims (through advocate Satya Sabharwal) that until 1956, prior to the State Reorganization Act, coming to force, Codava race had their own small yet content State called Part ‘C’, State of Coorg. After the merger of Coorg into Vishala Mysore, the present day State of Karnataka, all the hopes and aspirations of Codava race have been "watered down”.

The plea says that after the adoption of the Indian Constitution in 1950, under the Part C State Act, 1951, the Coorg Legislative Council ceased to exist and a new Legislative Assembly came into existence.

Subsequently, the State Re-Organization Act, 1956 caused the merger of Coorg with Vishala Mysore which later paved the way for the State of Karnataka. From 1952 to the First of November, 1956, Coorg had a Legislative Assembly with 24 members and a functional government.

Further it is said in 1949, the sixth schedule was enacted per Article 244 of the Indian Constitution. The Sixth Schedule of the Constitution of India allows for the formation of autonomous administrative divisions which have been given autonomy within their respective states. Most of these autonomous district councils are located in the North East States of India with the exception of two councils in Ladakh and one in West Bengal. Presently, Ten Autonomous Councils in Assam, Meghalaya, Mizoram and Tripura have been formed by virtue of the Sixth Schedule.

It is said because of the sixth schedule, the indigenous and tribal groups in the north-eastern states have significant autonomy. Assam, Mizoram, and Meghalaya have three autonomous district councils while Tripura has one.

Thus it is prayed in public interest and to protect the history and culture of the community, the Respondents may be directed to formulate / nominate a commission to look into the demands of the Codava National Council under the monitoring of Court.

Case Title: DR SUBRAMANIAN SWAMY And State of Karnataka & others

Case No: WP 7769/2023