Telangana tells Supreme Court 42% OBC quota enhancememt in native physique elections is will of the individuals

The State of Telangana has approached the Supreme Court in opposition to a State High Court determination to remain two authorities orders which enhanced the Other Backward Classes (OBC) quota in seats in municipalities and panchayats to 42%.

“Petitioner have carried out the reservation primarily based on the desire of the individuals,” the State mentioned in its particular depart petition filed on October 13.

Polling for Telangana native our bodies elections are scheduled on October 23 and 27.

The enhancement of 42% in OBC along with the present 15% for Scheduled Castes and 10% for Scheduled Tribes, would make the mixture reservation to 67%, instantly violating the 50% ceiling.

“The High Court dedicated an error by granting keep on the Government Orders which have supplied reservation for Backward lessons within the native our bodies election. There isn’t any embargo per se on reservations exceeding 50%. There exists no restrict inside the constitutional framework vis a vis the permitted share of reservation,” Telangana argued.

It mentioned the 50% cap was solely a “common tenet”.

“As a rule of prudence 50% was set out, whereas allowing the reservation to transcend the identical in distinctive circumstances,” Telangana argued.

The 50% ceiling rule in reservation was established by a nine-judge Bench of the Supreme Court within the Mandal Commission case judgment of 1992.

“While 50% shall be the rule, it’s crucial to not put out of consideration sure extraordinary conditions inherent within the nice range of this nation and the individuals. It may occur that in farflung and distant areas the inhabitants inhabiting these areas may, on account of their being out of the mainstream of nationwide life and in view of situations peculiar to and characteristical to them, have to be handled differently, some leisure on this strict rule might turn out to be crucial,” Telangana submitted.

Telangana additional mentioned it had executed the ‘triple check’, and primarily based the 42% OBC quota was determined after enterprise a “complete and scientific train to find out the extent of reservation required for backward lessons in native our bodies”.

“An in depth Socio-Economic, Educational, Employment Political and Caste Survey [SEEEPC Survey, 2024–25] was performed which revealed that Backward Classes represent roughly 56.33% of the entire inhabitants in Telangana which knowledge shaped the inspiration for offering 42% reservation for Backward Classes. This train was undertaken as per the mandate of Article 342-A(3) of the Constitution,” Telangana defined.

The State had constituted a One-Man Commission beneath the Chairmanship of Busani Venkateshwara Rao, IAS (Retd.) to analyse the empirical knowledge and the Commission, after thorough evaluation, really useful 42% reservation for Backward Classes in rural and concrete native our bodies and the advice had been accepted by the federal government.

Accordingly, the Telangana Backward Classes (Reservation of Seats in Rural and Urban Local Bodies) Bill, 2025 was unanimously handed by each the Houses of the Legislature on March 17 and March 18, which inter alia gives for 42% reservation for BCs in city and rural native our bodies. The Bill was despatched to the Governor, who had reserved the Bill for the consideration of the President on March 30.

The Home Ministry had sought clarifications on the Bill and Telangana had answered on July 22. However, the Bill was neither been returned nor assented to this date.