7 months ago
2
The Supreme Court is scheduled to analyse connected Monday (October 6, 2025) a petition challenging an bid issued by the Revanth Reddy authorities successful Telangana enhancing the Backward Classes’ quota successful municipalities and panchayats to 42%, starring to the gross preservation successful section bodies to 67%.
The petition raised the question whether States tin summation the full preservation of seats successful section bodies to breach the 50% ceiling. The Telangana State Election Commission has notified the panchayat election process successful the State to commence from October 9. Polling volition instrumentality spot successful 2 phases connected October 23 and October 27.
A Bench of Justices Vikram Nath and Sandeep Mehta is scheduled to perceive the petition, filed by agriculturist Vanga Gopal Reddy, represented by advocator Somiran Sharma, challenging the authorities bid issued by Telangana connected September 26.
“Together with the existing 15% for Scheduled Castes and 10% for Scheduled Tribes, the aggregate preservation exceeds 67%, straight violating the 50% ceiling judicially prescribed by the Supreme Court,” the petition argued earlier the apical court.
The 50% ceiling regularisation successful preservation was established by a nine-judge Bench of the Supreme Court successful the Mandal Commission lawsuit judgement of 1992.
The Supreme Court’s determination to perceive the situation to Telangana government’s bid to rise the quota for OBCs successful section bodies coincides with akin moves by States similar Madhya Pradesh and Chhattisgarh to augment OBC preservation successful State services supra the 50% preservation cap.
Similar instrumentality successful M.P.
The apical tribunal is besides scheduled to perceive adjacent week petitions challenging the legality of Section 4 of the Madhya Pradesh Lok Seva (Reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes) Amendment Act, 1994 arsenic amended successful 2019. The proviso has accrued the OBC quota from 14% to 27% with Madhya Pradesh arguing that though OBC formed much than fractional its population, the communities were “grossly underrepresented successful education, authorities services and governmental institutions”. Madhya Pradesh has reasoned that the 50% preservation bounds was lone a “flexible line and not an immutable Constitutional bar”.
The September 26 bid issued by Telangana had followed an effort by the State to enact a law, The Telangana Backward Classes (Reservations of Seats successful Rural and Urban Local Bodies) Bill, 2025, to heighten OBC seats successful section bodies by 42%. However, the petition said, the Bill was neither assented to by the Governor nor by the President.
“This by itself shows that the summation successful reservations successful excess of 50% headdress is impermissible successful the oculus of instrumentality and contrary to the instrumentality laid down by the Supreme Court done its assorted judgements,” it submitted.
Mr. Reddy said the Telangana government’s bid augmenting OBC quota successful section bodies violated Section 285A of the Telangana Panchayat Raj Act, 2018, which expressly codified the 50% ceiling successful conformity with the Supreme Court’s 2010 judgement successful K. Krishna Murthy versus Union of India.
“Despite this statutory bar, the State has sought to enforce the impugned Government Order, thereby acting ultra vires the Constitution arsenic good arsenic the statute,” the petition said.
The Krishna Murthy judgement had concluded that “the quality and intent of reservations successful the discourse of section self-governments is considerably antithetic from that of higher acquisition and nationalist employment... The precocious ceiling of 50% vertical reservations successful favour of SCs/STs/OBCs should not beryllium breached successful the discourse of section self-government”.
The petition referred to the apical court’s 2021 determination concerning Maharashtra section bodies’ elections successful the Vikas Kishanrao Gawali case, which had reiterated that the 50% headdress cannot beryllium breached.
Mr. Reddy contested that the reliance placed by the State of Telangana connected Articles 243D(6) and 243T(6), which empower States to supply for preservation of seats for Backward Classes successful panchayats and municipalities, was wholly misconceived.
“While these Constitutional provisions empower a State Legislature to marque reservations for Backward Classes successful section bodies, the enabling powerfulness is taxable to law limitations, including the judicially imposed 50% ceiling. The enactment of the State of Telangana, if permitted, would not lone undermine the regularisation of instrumentality but besides origin sedate prejudice to citizens similar the petitioner, who are entitled to contention and enactment successful section self-government elections connected a level-playing field,” Mr. Reddy submitted.
