The Telangana government, led by the Congress party, is gearing up to approach the Supreme Court. This move comes after the High Court issued an interim stay on a government order that aimed to allocate 42% reservation for Backward Classes (BCs) in local bodies. The High Court’s decision, made on October 9th, halted the implementation of this increased reservation, leading the Telangana State Election Commission to suspend ongoing rural local body election notifications.
The government, under Chief Minister Revanth Reddy, remains committed to the 42% quota for BCs, which was a key election promise. Sources indicate the administration will seek the apex court’s intervention to ensure the government order is upheld.
The order, issued on September 26th, was part of the Congress party’s commitment to enhancing BC representation. Previously, before the 2023 assembly elections, the party had pledged to implement this significant increase in reservation.
High Court’s Reasoning for the Stay
A division bench of the Telangana High Court, headed by Chief Justice Aparesh Kumar Singh and Justice GM Mohiuddin, put a temporary halt on the government’s 42% reservation order. The court cited a violation of the Supreme Court’s established 50% upper ceiling for reservations. The High Court emphasized that any increase in OBC quotas must adhere to the ‘triple test’ framework. This framework requires states to establish a commission for data collection, define reservation proportions based on its findings, and ensure that the combined reservation for Scheduled Castes (SCs), Scheduled Tribes (STs), and Other Backward Classes (OBCs) does not exceed the 50% limit.
While the stay was in effect, the High Court instructed the state Election Commission to re-notify proportionate seats as open category and proceed with the elections. The court also granted the state government four weeks to submit a counter-affidavit, with petitioners given two weeks thereafter to respond.
OBC Quota Bills and Government’s Next Steps
In response to the High Court’s order, Chief Minister Revanth Reddy convened a meeting with cabinet colleagues, the AICC in-charge for Telangana Meenakshi Natarajan, and senior advocate Abhishek Manu Singhvi to strategize the next course of action.
The basis for the government order lies in two bills passed by the state legislature earlier this year, which sought to increase BC reservation to 42% across education, employment, and local bodies. These bills are currently awaiting the President’s assent. It’s worth noting that in August, Revanth Reddy led a protest in Delhi, urging the Centre to expedite the Presidential assent for these bills, accusing the BJP-led government of being ‘anti-OBC’ by allegedly delaying the process.