Telangana Government to move Supreme Court over BC quota ruling
HYDERABAD: The Telangana government has decided to approach the Supreme Court against the High Court’s order striking down the government order (GO) providing 42% reservations for Backward Classes (BCs) in local body elections.
Although the High Court verdict was delivered on Thursday, the detailed judgment copy was made available only late on Friday night. The court directed that reservations in local bodies should not exceed 50% as stipulated by the Supreme Court and said any quota exceeding that limit must be treated as general seats. It instructed the State Election Commission (SEC) to proceed with elections accordingly.
State to file SLP on Monday
In view of the High Court’s clear directions, the SEC now faces a decision on how to move forward. Even though the Commission is an independent body, officials said that it sought the government’s opinion on how to implement the court’s order, given that the issue closely ties to state policy.
The state cabinet decided to move the Supreme Court, and they expect to file a Special Leave Petition (SLP) on Monday, possibly seeking an urgent hearing. The petition will include the High Court judgment and detailed records of the government’s exercise to fix 42% BC reservations under GO No.9.
Meanwhile, Buttengari Madhava Reddy and others, who had filed the original petition in the High Court and secured a stay, moved the Supreme Court on Friday itself. They also filed a caveat, requesting that the court not pass any interim orders without hearing their arguments.
Revanth, Singhvi, and ministers hold consultations
Chief minister Revanth Reddy has been personally monitoring the matter, holding consultations with legal experts, the advocate general, and senior counsel Abhishek Manu Singhvi. On Saturday, Revanth, TPCC president Mahesh Kumar Goud, AICC in-charge Meenakshi Natarajan, and ministers Bhatti Vikramarka and Ponnam Prabhakar discussed the issue in a long Zoom meeting. The participants reportedly reached a consensus on moving the Supreme Court.
Cabinet to meet on October 16
The state cabinet will meet on October 16 to discuss the issue in detail, especially in light of the court’s directive to limit reservations to 15% for Scheduled Castes, 10% for Scheduled groups, and 25% for BCs, totalling 50%. Officials said the cabinet will assess the Supreme Court’s initial response before deciding further course of action.
The Supreme Court, in earlier judgments, has held that overall reservations in local bodies should not exceed 50%. It also laid down a “triple test” in 2022, requiring (1) empirical data on OBC population through a dedicated commission, (2) determination of quota percentage based on the commission’s findings, and (3) adherence to the 50% ceiling. Telangana has reportedly met the first two conditions but not the third.
According to the state’s caste survey, BCs constitute over 56% of the population, which the government cited as justification for a 42% quota. However, implementing such a quota would push total reservations to 67%, violating the constitutional cap. To enable 42% BC reservation, lawmakers would need to enact a constitutional amendment—similar to Tamil Nadu’s 9th Schedule inclusion. The state had already passed and sent relevant Panchayat Raj amendment bills to the President in 2018, but the Centre has not responded.
