The Karnataka State Legislature has officially passed the Karnataka Essential Services Maintenance (Amendment) Act, 2025, bringing significant changes to the state’s legal framework governing essential services.
The amendment extends the validity of the Karnataka Essential Services Maintenance Act, 2013 (Karnataka Act 25 of 2015) from 10 years to 20 years, ensuring its enforcement until May 2045. The updated law also brings the statute in alignment with India’s new criminal justice framework and introduces a new provision to remove administrative difficulties in its application.
⚖️ Key Highlights of the Amendment:
🕒 1. Extended Validity Period:
- Previous Duration: 10 years (until May 2025)
- Amended Duration: 20 years (now valid till May 2045)
- This change is retrospectively effective from May 27, 2025.
📜 2. Updated Legal Reference:
- Section 8 has been amended to replace the outdated reference to:
- “Code of Criminal Procedure, 1973”
- with the new:
- “Bharatiya Nagarik Suraksha Sanhitha, 2023”
This aligns the state law with India’s reformed national criminal code, improving legal coherence.
🛠️ 3. New Power to Remove Difficulties (Section 10):
- The State Government now has the authority to:
- Issue notifications to resolve implementation challenges.
- Ensure these notifications are later presented before the State Legislature for transparency and legislative oversight.
📌 About the ESMA Act:
The Karnataka Essential Services Maintenance Act, 2013 was enacted to ensure uninterrupted delivery of essential services such as public transport, health services, sanitation, and water supply. It provides legal grounds to prohibit strikes and take disciplinary action in case of disruption.
🗣️ Why This Matters:
With this amendment:
- The legal continuity of essential services regulation is ensured for two more decades.
- Karnataka becomes one of the first states to update references in its legislation to India’s new criminal justice code.
- The government has more flexibility to manage unforeseen legal or administrative issues via the new Section 10.
📅 Effective Date:
The Karnataka Essential Services Maintenance (Amendment) Act, 2025 came into effect immediately upon its publication in the Karnataka Gazette Extraordinary on September 10, 2025, after receiving the Governor’s assent on the same day.