The Telangana state government has taken its fight to the Supreme Court, challenging a High Court decision that halted two crucial government orders. These orders aimed to significantly boost the Other Backward Classes (OBC) reservation in municipal and panchayat seats to an impressive 42%.
In its special leave petition filed on October 13, the state firmly stated that these reservations were implemented ‘based on the will of the people,’ emphasizing popular support for the initiative.
With local body elections in Telangana set for October 23 and 27, the stakes are incredibly high.
This substantial increase, when combined with the existing 15% for Scheduled Castes and 10% for Scheduled Tribes, pushes the total reservation to 67%. This figure notably surpasses the long-standing 50% ceiling for reservations, a contentious point that the state is prepared to defend.
Telangana argues that the High Court erred in staying these government orders, asserting that ‘there is no embargo per se on reservations exceeding 50%.’ The state contends that no explicit limit exists within the constitutional framework regarding the permissible percentage of reservation.
According to Telangana, the 50% cap should be considered a ‘general guiding principle’ rather than an absolute restriction.
They further submitted that while 50% serves as a ‘rule of prudence,’ it allows for exceeding this limit in ‘exceptional circumstances,’ particularly given the diverse nature of India’s population and unique regional conditions.
It’s important to recall that the 50% reservation ceiling was established by a nine-judge Bench of the Supreme Court in the landmark 1992 Mandal Commission case.
Telangana reiterated a nuanced interpretation of this rule, stating: ‘While 50% shall be the rule, it is necessary not to put out of consideration certain extraordinary situations inherent in the great diversity of this country and the people. It might happen that in farflung and remote areas the population inhabiting those areas might, on account of their being out of the mainstream of national life and in view of conditions peculiar to and characteristical to them, need to be treated in a different way, some relaxation in this strict rule may become imperative.’
The state emphasized that its 42% OBC quota was not arbitrary. It was a result of a rigorous ‘triple test’ and a ‘comprehensive and scientific exercise’ designed to accurately assess the reservation needs for backward classes in local bodies.
This extensive evaluation included a detailed Socio-Economic, Educational, Employment Political, and Caste Survey (SEEEPC Survey, 2024–25). The survey’s findings were pivotal, revealing that Backward Classes comprise approximately 56.33% of Telangana’s total population. This compelling data served as the bedrock for the proposed 42% reservation, a measure undertaken in accordance with Article 342-A(3) of the Constitution.
To ensure accuracy and fairness, the state established a One-Man Commission led by retired IAS officer Busani Venkateshwara Rao. After meticulous analysis of the empirical data, the Commission recommended the 42% reservation for Backward Classes in both rural and urban local bodies, a recommendation that the government readily accepted.
Following this, the Telangana Backward Classes (Reservation of Seats in Rural and Urban Local Bodies) Bill, 2025, which included the 42% reservation, was unanimously passed by both houses of the Legislature on March 17 and 18. The Bill was then forwarded to the Governor, who, on March 30, reserved it for the President’s consideration.
The Home Ministry subsequently requested clarifications on the Bill, to which Telangana responded on July 22. As of now, the Bill has neither been returned nor received assent, leaving its future in limbo.