SC to Decide on TG’s BC Quota Plea

Hyderabad: The Telangana government’s Special Leave Petition (SLP) challenging the Telangana High Court’s interim stay on 42 per cent reservations for Backward Classes (BCs) in local body elections will come up for hearing in the Supreme Court on Thursday.

The state government moved the Supreme Court on Tuesday against the High Court’s September 9 order suspending GO 9, which enhanced the BC quota in local bodies to 42 per cent. The SLP, filed by advocate Devina Sehgal on behalf of the state government, said the decision reflected “the will of the people” and was backed by scientific data.

The High Court, while staying the GO 9, had cited the 50 per cent ceiling on total reservations laid down by the Supreme Court in the 1992 Mandal Commission case. The Telangana government, however, argued that the limit was not an absolute bar but a general principle, and could be relaxed in exceptional circumstances.

“The High Court erred in staying the GO 9. There is no constitutional embargo on exceeding 50 per cent reservations,” the state government said in its petition. “The ceiling operates only as a rule of prudence and allows flexibility in special situations.”

Citing the Indra Sawhney case judgment, the state government said the apex court itself had recognised that in remote or socially diverse regions, exceeding the 50 per cent mark might be necessary to ensure adequate representation for backward communities.

The Telangana government asserted that the 42 per cent quota was determined through a “comprehensive and scientific exercise” fulfilling the “triple test” laid down by the Supreme Court. A Socio-Economic, Educational, Employment, Political and Caste (SEEEPC) Survey conducted in 2024-25 found that BCs constitute 56.33 per cent of the state’s population, forming the empirical basis for the enhanced quota.

The government constituted a Dedicated BC Commission headed by retired IAS officer Busani Venkateshwara Rao, which analysed the data and recommended 42 per cent BC reservation in rural and urban local bodies. The Telangana Legislature unanimously passed the Telangana Backward Classes (Reservation of Seats in Rural and Urban Local Bodies) Bill, 2025, on March 17 and 18, endorsing the Commission’s findings.

The Bill was sent to the Governor, who reserved it for Presidential assent on March 30. The Union Home Ministry sought clarifications, which were furnished on July 22, but no assent or rejection has been communicated so far.

The SLP contended that when such Bills are not acted upon within three months, they are deemed to have received assent as per Supreme Court orders. The government urged the Supreme Court to vacate the High Court’s stay and permit local body elections to be conducted under the enhanced 42 per cent BC reservation policy.